Smith v. Millville Rescue Squad

Robert Smith (plaintiff) worked as a paramedic for the Millville Rescue Squad (MRS) (defendant). Smith’s wife, Mary, also worked for MRS. Smith engaged in an affair with an intern whom he supervised, leading to marital discord. Smith told his supervisor, John Redden (defendant), about the situation. Redden responded by suggesting that Smith’s future employment status might be in jeopardy. Several months later, Smith’s marriage collapsed. Redden raised further doubts about Smith’s status with MRS, expressing concerns about the possibility of an unpleasant divorce. MRS then terminated Smith, citing reasons involving his work performance. Smith brought an action against MRS and Redden under New Jersey’s Law Against Discrimination, which applied to workplace discrimination and which included marital status among its protected categories (though the term “marital status” was not defined). At trial, it was established that no serious issues pertaining to Smith’s work performance had been brought to Smith’s attention during his employment. It was also shown that several MRS employees had obtained divorces during their employment without repercussion and that Mary had engaged in an affair with another MRS employee, similarly without adverse consequences. The court granted a motion to dismiss, holding that Smith’s claim did not give rise to discrimination on the basis of marital status. Smith appealed. The appellate division reversed. The case was appealed to the New Jersey Supreme Court.