In Henry v. Department of Human Services, an employee resigned in 2004 after having her request for reassignment denied. The reason given for refusal of her request may have been a pretext to cover up racial discrimination, which may have misled her into not pursuing the issue. The New Jersey Supreme Court decided, in a decision approved for publication on December 10, 2010, 1. that her retaliation claim was time barred, as she was told in 2004 that if she had not complained she would have been reassigned, but 2. that a hearing was required to determine whether the discrimination claim itself was time barred as she may not have learned of it until 2006.
C. Megan Oltman, Esq.
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