When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection.

TL;DR: In this case, the employee hired a lawyer to complain about religious discrimination. She ultimately lost that claim at trial, but the step of hiring a lawyer still counted as protected activity under the LAD and could support a retaliation claim. The court also made clear that taking Family and Medical Leave Act (FMLA) leave is not a protected activity under the LAD for retaliation purposes…………