N.J. Admin. Code § 12:110-7.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:110-7.3 - Unprotected activities

(a) Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds. The proscriptions of the Act apply when the adverse action occurs because the employee has engaged in protected activities. An employee's engagement in activities protected by the Act does not automatically render him immune from discharge or other adverse action for legitimate reasons, or from adverse action dictated by non-prohibited considerations.

(b) To establish a violation of the Act, the employee's engagement in protected activity need not be the sole consideration behind the discharge or other adverse action. If protected activity was the substantial reason for the action, or if the discharge or other adverse action would not have taken place but for engagement in protected activity, the Act has been violated. Ultimately, the issue as to whether a discharge or other adverse action was because of protected activity shall be determined on the basis of the facts in the particular case.

Recodified from N.J.A.C. 12:110-7.4 and amended by R.1998 d.33, effective 1/5/1998.
See: 29 N.J.R. 29 N.J.R. 4440(a), 30 N.J.R. 80(a).
Former section, "Persons prohibited from discriminating", was repealed.