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

December 1, 2009

The New Jersey Supreme Court has agreed to hear an appeal by a former Curtiss-Wright Corp. employee whose $10.6 million sex discrimination judgment was reversed because she shared confidential company records with her lawyer.

 

The issue, in Quinlan v. Curtiss-Wright Corp., C-321-09, 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, an appeals court has said no.

 

Joyce Quinlan, executive director for human resources at Curtiss-Wright in Parsippany, N.J., sued in November 2003 after she was bypassed for promotion to vice president in favor of a male employee hired many years after her.

 

By dint of her human resources position, Quinlan copied more than 1,800 pages of personnel files, including salary records, and gave them to her lawyer, Neil Mullin, of Smith Mullin in Montclair, who provided them to Curtiss-Wright counsel Rosemary Alito, of K&L Gates in Newark, as part of discovery.

 

Read Article: Law.com

 

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