Zive v. Stanley Roberts, Inc.

The New Jersey Supreme Court's opinion substantially lower the threshold for a victim of discrimination to have his case decided by a jury. After a jury found that Stanley Roberts fired Stewart Zive because he was disabled after he suffered a stroke, the company unsuccessfully attempted to convince the Appellate Division to reverse the decision. The company again appealed, this time to the New Jersey Supreme Court.

The Supreme Court not only denied the appeal, but looked carefully at the elements an employee has to prove before a case can go to a jury. Ultimately, the New Jersey Supreme Court recognized that the plaintiff has a minimal burden before he is entitled to a trial, and essentially ruled that a jury should be able to decide whether discrimination made a difference in the employer's decision so long as the facts are not inconsistent with the possibility of discrimination.