Zive v. Stanley Roberts, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that to prove pretext, a plaintiff must demonstrate the employer's proffered reason was false and that \the employer was motivated by discriminatory intent\
• recognizing that the NJLAD “prevents only unlawful discrimination against disabled individuals; it does not prevent the termination or change of employment of any person who ‘is unable to perform adequately the duties of employment[.]’” (citation omitted)
• noting that prima facie termination claim under NJLAD requires plaintiff to show “the employer sought someone to perform the same work after [the plaintiff] left”
• recognizing the New Jersey courts’ adoption of the McDonnell Douglas test for NJLAD claims
• noting that longevity in a position can constitute evidence of job performance
• explaining that “performance markers like poor evaluations are more properly debated in the second and third stages of the burden-shifting test, they do not come into play as part of . . . the prima facie case”

Source: CourtListener parenthetical corpus (CC0).