Issue of punitive damages revisited by NJ Supreme Court

The NJ Supreme Court recently confirmed that the plaintiff may only recover punitive damages from his or her employer on two grounds: 1) Upper management’s actual participation or willful indifference with respect to illegal discrimination; 2) the subject of the conduct must be “especially egregious misconduct.”

The Supreme Court dealt with this issue in a CEPA/LAD case of Longo v. Pleasure Productions, Inc., which was issued on July 17, 2013.