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Can a White Employee Sue for Race Discrimination Under the NJLAD Without Any Heightened Burden? The Third Circuit Says Yes.

The Third Circuit just predicted that Ne

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Jersey’s “reverse discrimination” rule is incompatible with the NJLAD. Federal courts in New Jersey are no longer applying it. TL;DR: The Third Circuit pred

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ed that the New Jersey Supreme Court would abolish the “Background Circumstances Rule,” the heightened burden imposed on majority-group plaintiffs in NJLAD discrimination cases, following the U.S. Supreme Court’s unanimous rejection of the rule in Ames v. Ohio Department of

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