The New Jersey attorney general generally has a duty to defend a state employee sued under the Law Against Discrimination and bears the burden of explaining her reasons for not doing so, the state Supreme Court said last week.

However, a denial of representation is an administrative decision, reviewable by the Appellate Division, and should not be reversed unless it is arbitrary, capricious, or unreasonable or not supported by substantial credible evidence, the justices held in Prado v. New Jersey, A-33-05.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]