Lehmann v. Toys 'R' Us, Inc

In Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587, 626 A.2d 445 (1993), the Supreme Court of New Jersey articulated the elements which must be demonstrated by one claiming a violation of LAD based on a hostile work environment. Paraphrasing that test to reflect plaintiff's claims of discrimination here, one making such a claim must show: (1) the conduct complained of would not have occurred but for the employee's protected trait (white woman); (2) the conduct was severe or pervasive enough to make a (3) reasonable person of the same protected trait believe that (4) the conditions of employment and the working environment have been altered and the working environment has become hostile or abusive. Ibid. In Lehmann, the Court noted the possibility that a single act of discrimination or offensive conduct could, under certain conditions, create a hostile work environment. Lehmann v. Toys 'R' Us, Inc., 132 N.J. at 606-07, 626 A.2d 445. However, said the Court, "it will be a rare and extreme case in which a single incident will be so severe that it would, from the perspective of a reasonable woman, make the working environment hostile,. . . ." Ibid.