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Shepherd v. Hunterdon Developmental Center

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Argued October 30, 2000

Plaintiffs William Shepherd and Richard Saylor sued their employer, defendant Hunterdon Developmental Center (“HDC”), and several supervisory and management employees for creating a hostile work environment, retaliation, negligent supervision and conspiracy in violation of New Jersey’s Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 through -49. Shepherd and Saylor asserted that defendants treated them unfairly because they had assisted two other employees in a successful racial discrimination lawsuit against HDC. Plaintiffs appeal from the trial judge’s summary judgment dismissing their entire complaint. The judge ruled that Shepherd’s complaint was timely only as to the events that occurred on one specific date and that those events were insufficient to create a cause of action for hostile work environment or retaliation. We affirm some of the dismissed claims in favor of several of the defendants, but reverse and remand because plaintiffs’ allegations, read in the light most favorable to them, support the theory that defendants’ violations were continuing ones, rendering their complaint timely. In addition, disputed questions of material fact existed regarding plaintiffs’ hostile work environment claim and Saylor’s retaliation claim against HDC and two supervisors, precluding summary judgment.

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