The state Supreme Court ruled a worker can't be fired because they are separated from or divorcing their spouse.
TRENTON -- The state Supreme Court on Thursday ruled that a worker cannot be fired or discriminated against because they are separated from or divorcing their spouse.
New Jersey's highest court voted 6-0 in favor of Robert Smith, who alleged that he was fired from his position as director of operations with the Millville Rescue Squad because he was separated from and preparing to divorce his wife, a co-worker, after he began an affair with a colleague.
Smith was fired in February 2006 shortly after he told his supervisor he was having an affair with a volunteer worker and that he and his wife were separated and about to begin divorce proceedings, court documents show.
Smith testified that the supervisor said he could not promise it wouldn't affect his job and later said he believed Smith and his wife would have "an ugly divorce," according to the documents.
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The squad's board decided to fire Smith, citing corporate restructuring, Smith's poor performance, and his failure to fix his performance, the documents show.
Smith sued the squad and the supervisor for wrongful discrimination under New Jersey's Law Against Discrimination and the state constitution, which bars companies from firing employees on the basis of sex and marital status.
But a trial court said Smith failed to show "any evidence that employees were treated differently based on their marital status."
Instead, the court said Smith was fired because "management was concerned about the likelihood of an acrimonious divorce," which the court said did not "give rise to a marital-status discrimination claim," according to the documents.
A state appellate court panel reversed the decision, saying "marital status" includes "the states of being separated and involved in divorce proceedings." The panel determined that Smith was terminated "based on negative stereotypes that defendant held about divorcing employees."
The Supreme Court agreed, saying that the Law Against Discrimination is "not limited to the state of being single or married."
"We conclude that the LAD prohibits an employer from discriminating against a prospective employee or a current employee because they are single, married, or transitioning from one state to another," wrote Judge Mary Catherine Cuff, who was temporarily assigned to the court until recently.
Brent Johnson may be reached at bjohnson@njadvancemedia.com. Follow him on Twitter @johnsb01. Find NJ.com Politics on Facebook.