NY Appellate Division, First Department Affirms Dismissal of NJLAD Claim, Citing Lack of NJ Nexus

In Rosen v. Zionist Org. of Am., 2024 NY Slip Op 01770 (App. Div. 1 Dept. March 28, 2024), the Appellate Division, First Department, inter alia, affirmed a lower court’s decision to dismiss plaintiff’s retaliation claim asserted under New Jersey law.

From the decision:

Plaintiff fails to allege that he worked in New Jersey, as required to avail himself of the New Jersey Law Against Discrimination (NJLAD) and New Jersey Conscientious Employee Protection Act (NJCEPA). It is undisputed that plaintiff’s employer, defendant Zionist Organization of America (ZOA), is based in New York and that plaintiff was hired to work out of its New York office in 2017. Plaintiff only began working out of his New Jersey home in March 2020 because of the COVID-19 pandemic. In addition, plaintiff has not alleged that any of the incidents underlying his alleged whistleblower complaint to ZOA or his termination occurred in New Jersey. [Citations omitted.]

The court did, however, modify the lower court’s ruling to deny dismissal of plaintiff’s claim of the New Jersey Not-for-Profit Corporation Law.

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