Donna Hennessey, Plaintiff-Respondent v. Winslow Township; Ronald Nunnenkamp; Anthony Bello; Sue Ann Metzner…

Summary

The New Jersey Supreme Court affirmed the Appellate Division’s decision that the plaintiff’s claim under the Law Against Discrimination (LAD) was not barred by collateral estoppel or the statutory election of remedies. The Court held that because the plaintiff abandoned her administrative appeal to the Merit System Board and no final agency determination on the merits was rendered, issue preclusion could not apply. Accordingly, the LAD claim may proceed in Superior Court.