The Third Circuit just predicted that New Jersey’s “reverse discrimination” rule is incompatible with the NJLAD. Federal courts in New Jersey are no longer applying it. TL;DR: The Third Circuit predicted that the New Jersey Supreme Court would abolish the “Background Circumstances Rule,” the heightened burden imposed on majority-group plaintiffs
Can a White Employee Sue for Race Discrimination Under the NJLAD Without Any Heightened Burden? The Third Circuit Says Yes.
