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Hot Topics in Labor & Employment Law 2010 - page 79 / 115

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Applying the Unique Legal Provision

Court says: Plaintiff’s case can continue and denied SJ to Defendant

The LAD makes it unlawful:  “For any person to refuse to buy from, sell to, lease from or to, license, contract with, or trade with, provide goods, services or information to, or otherwise do business with any other person on the basis of …sex,” as well as other protected characteristics such as race, religion and age

Court observed: if the sexual harassment alleged by the plaintiff was “legally permitted, [it] would stand as a barrier to women’s ability to do business on an equal footing with men”  

The court concluded that to prohibit [the alleged] opprobrious conduct is consistent with the Legislature’s intent to eliminate sex discrimination in contracting

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