N.J. Supreme Court to Weigh Employee’s Use of Private Company Records in Bias Suit

November 30, 2009

The New Jersey Supreme Court has agreed to hear an appeal by a former Curtiss-Wright employee whose $10.6 million sex discrimination judgment was reversed because she shared confidential company records with her lawyer. The issue is whether an employee's acquiring of company information in the normal course of her job, and communicating it to her attorney in her discrimination case, is protected activity for which retaliation is actionable. So far, a trial judge has said yes, and an appeals court has said no.