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Vol. 3, No. 112 – June 15, 1995, Case No. 36-7-5901.) 25-7-5974 Farid S. Khair v. Campbell Soup Co., U.S. Dist. Ct.. (43 pp.) In a case alleging discrimination in transfer and failure to promote based on age, race and national origin, as well as retaliation claims, where employer countersues for breach of loyalty based upon alleged release of confidential personnel information, (1) plaintiff’s Section 1981 claim arising before 1991, for discriminatory transfer and failure to promote, is dismissed since it fails to state an actionable claim under Patterson, which govens the claim since it arose before the enactment of the Civil Rights Act of 1991; (2) since plaintiff’s claims under Title VII, the Age Discrimination in Employment Act, and the state Law Against Discrimination were timely filed and plaintiff raises triable issues of fact, employer’s motion for summary judgment is denied; (3) since plaintiff’s evidence fails to create a triable issue of fact on his remaining Section 1981 claims, the 1992 failure to promote claims and the retaliation claims, all will be dismissed; and (4) since there are disputed fact issues surrounding the counterclaim, employer’s summary judgment motion on the counterclaim is denied. [Available online in N.J. Full-Text Decisions.]

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