BONNIE GOODMAN, COMPLAINANT-APPELLANT AND CROSS-RESPONDENT, v. LONDON METALS EXCHANGE, INC., DR. MERRILL K. GELLIS AND IRENE SCHOEN, RESPONDENTS-RESPONDENTS AND CROSS-APPELLANTS, 86 N.J. 19

Summary

Appellant potential employee responded to an advertisement placed by respondent employer by calling a telephone number. The woman answering the telephone told her that she did not have the requisite experience, and ended the conversation. Appellant's mother, who had experience in the area the woman had indicated, also called. She, too, was told that she did not have the proper knowledge for the job. However, a male who called was given an interview despite his assertions that he had no experience in the relevant areas. Appellant brought a successful claim for sex discrimination, receiving a back pay award in the trial court that was reduced in the appellate division. The court remanded the case for a determination of the applicability of mitigation, including the doctrine of lower sights, holding that both were potentially applicable to a sex discrimination claim. In all other respects, the court affirmed the award, finding sufficient competent evidence to support a determination that ...