An Employees’ Failure to Disclose His Expunged Convictions on Job Applications Did Not Prohibit His Claim for Discrimination under New Jersey Law

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A recent lawsuit filed by a law enforcement employee who failed to disclose his expunged convictions does not prohibit him from pursuing a workplace discrimination complaint against his employer for workplace harassment but the evidence of the convictions could be used to limit or potentially reduce economic damages.   In a widely anticipated decision by the New Jersey Supreme Court, the Court has ruled that even intentional withholdings of information by prospective employees which are later discovered by the employer is not a defense available to the employer if the employee is able to establish workplace violations actionable under the Law Against Discrimination (LAD).  The Court did rule however, that the evidence of the withheld information prior to employment could (if relevant and material to the outcome to the issues in dispute) serve as a basis for the employer to totally or partially avoid economic damages depending on the particular facts of the case.   This decision clarifies earlier court decisions relating to employees bringing actions against employers knowing that they had previously failed to disclose otherwise material and important information about their private life.   

For more information on this decision, contact Lauren Bercik, Esq. at lbercik@hnwlaw.com/

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