Tyson v. Cigna Corp.

OPINION

IRENAS, District Judge:

Defendants move to dismiss plaintiff’s claims of racial discrimination under the New Jersey Law Against Discrimination, N. J.S.A. 10:5-1 et seq. (“NJLAD”), on the grounds that the statute does not permit lawsuits against employees in their individual capacities. We hold that the NJLAD: (1) does not impose liability on non-supervisory employees, and (2) imposes liability on supervisory employees only to the extent that the supervisory employee affirmatively engages in discriminatory conduct while acting in the scope of employment. A supervisory employee’s…