New Jersey
How Alexander v. Gardner-Denver Co. applies in New Jersey: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
New Jersey law allows employees to pursue state law claims for employment discrimination even if they have gone through grievance procedures or arbitration. This principle is rooted in the acknowledgment that arbitration may not adequately address all forms of discrimination, particularly under the New Jersey Law Against Discrimination (LAD).
An employee may bring a claim under the New Jersey Law Against Discrimination (LAD) even after pursuing remedies through arbitration, as arbitration is not mutually exclusive with state statutory protections.
The court held that an employee could pursue a discrimination claim in court after addressing the matter through internal grievance procedures.
The court ruled that arbitration clauses cannot strip an employee of their right to bring statutory employment discrimination claims.
The ruling emphasized that resolution mechanisms for workplace disputes should not prevent employees from seeking relief via statutory claims under LAD.
New Jersey's approach expands upon federal standards under Title VII by allowing state law claims regardless of arbitration proceedings. While federal law restricts certain remedies following arbitration, New Jersey courts uphold the right to pursue statutory claims beyond contractual obligations.
Understanding the application of Alexander v. Gardner-Denver Co. is essential for the New Jersey bar exam, particularly in the areas of employment discrimination and civil rights.