Model Jury charge 2.22A LAW AGAINST DISCRIMINATION (LAD) IN

Model Jury charge2.22A LAW AGAINST DISCRIMINATION (LAD) INDIVIDUAL LIABILITY CLAIMSNJ

If you find that defendant[employer]has unlawfully discriminated [and/or retaliated] against plaintiff, you must then consider whether defendant[individual]should be held individually and personally responsible for aiding and abetting that discrimination [and/or retaliation].1To hold defendant[individual]liable, plaintiff must show that (1) defendant[individual]was generally aware of his/her role in the overall illegal, unlawful, or tortious activity at the time that he/she provided the assistance, and (2) defendant[individual]knowingly and substantially assisted defendant[employer]in discriminating [and/or retaliating] against plaintiff. You may consider the following five factors when deciding whether defendant[individual]knowingly and substantially assisted defendant[employer]s discrimination [and/or retaliation] against plaintiff: (1) the nature of the wrongful conduct encouraged; (2) the amount of assistance defendant[individual]provided to defendant[employer]; (3) whether defendant[individual]was present at the time that the discrimination [and/or retaliation] occurred; (4) defendant[individual]s relationship to anyone else involved in the discrimination [and/or

1It remains unsettled whether a non-supervisory employee may be held individually liable for aiding and abetting the discrimination of his/her employer.See Cicchetti v. Morris County Sheriffs Office, 194N.J.563 (2008);Herman v. Coastal Corp., 348N.J. Super.1 (App. Div. 2002).CHARGE 2.22A Page 2 of 2

retaliation]; and (5) defendant[individual]s state of mind. Defendant [individual]s failure to act so as to protect plaintiff or failure to respond effectively to plaintiffs complaints of discrimination is insufficient to conclude that defendant [individual] provided substantial assistance to defendant [employer] so as to hold defendant [individual] personally liable.

Cases:

Cicchetti v. Morris County Sheriffs Office,supra;Tarr v. Ciasulli, 181N.J.70 (2004);Hurley v. Atlantic City Police Dept, 174F.3d95 (3d Cir. 1999),cert. denied, 528U.S.1074, 120S.Ct.786, 145L.Ed.2d 663 (2000).