Supreme Court of New Jersey

Stewart Zive, Plaintiff-Respondent v. Stanley Roberts, Inc., Defendant-Appellant

February 24, 2005182 N.J. 436

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that a plaintiff satisfies the second prong of a Law Against Discrimination termination claim by showing he performed his job, regardless of the quality of that performance, and that a jury instruction on the prima facie elements is unnecessary. The court also affirmed that the fourth prong was met because the position was not eliminated.