Zive v. Stanley Roberts, Inc.

The appeal provides us with an opportunity to clarify an issue that has dogged courts across the nation: on a Law Against Discrimination (LAD) termination claim, what is the plaintiffs evidentiary burden that will satisfy the second prong of the prima facie case under the McDonnell Douglas 1 burden-shifting scheme. We hold that so long as the employee shows that he has been performing in the position from which he was terminated, the second prong is fulfilled. We further hold that the quality of the employee’s performance does not come into play on the plaintiffs prima facie case.

I

Because the…