NEW BRUNSWICK, NJ, November 10, 2022 – The New Jersey State Bar Association is committing unlawful discrimination based on race, color, national origin, sex, gender identity, sexual orientation, age, and disability, according to a ruling by the Hon. Joseph L. Rea, a judge of the Superior Court of New Jersey. The Law Office of Rajeh A. Saadeh, L.L.C., represents the plaintiff, the named victim of such discrimination. A copy of the judge’s order and opinion are found here.
The Law Office of Rajeh A. Saadeh, L.L.C., filed the discrimination lawsuit against the NJSBA in Middlesex County. Judge Rea ruled the plaintiff was subjected to discrimination and civil rights violations based on race, color, national origin, sex, gender identity, sexual orientation, age, and disability in his eligibility for positions in the NJSBA’s governing body, Nominating Committee, and Judicial and Prosecutorial Appointments Committee. The judge’s ruling indicates the plaintiff was excluded from certain seats and positions due to his identity while others were included for being members of certain races, genders, sexual orientations, and other identifying categories.
The plaintiff is represented by Lindsay A. McKillop of The Law Office of Rajeh A. Saadeh, L.L.C.
Judge Rea ruled the NJSBA precludes the plaintiff from obtaining certain positions in its governing body because of his identity while others are eligible for said seats because of their colors, races, genders, and other characteristics. The judge’s opinion also indicates that the plaintiff is eligible for other positions in the NJSBA’s governing body, Nominating Committee, and Judicial and Prosecutorial Appointments Committee only if he is also a member of certain diversity bar associations, while other people with certain identities are eligible for such positions without having to be members of any other bar association.
“As Judge Rea ruled, the NJSBA unlawfully discriminated against the plaintiff by preventing him from obtaining important positions because of his identity, no matter his qualifications. That is not inclusion or diversity; it’s obvious exclusion, vile bigotry, and sinister bias. Even though it took nearly 13 months to reach this result, we are pleased with the decision and will hold the NJSBA accountable so it never discriminates again,” said Ms. McKillop.
The NJSBA’s governing body is called the Board of Trustees. The Nominating Committee effectively selects almost all members of the Board of Trustees, including the NJSBA president, and one of the powers of the NJSBA president is to select many members of the Judicial and Prosecutorial Appointments Committee, which vets state judicial and prosecutorial nominees and opines to the Governor whether they are qualified for such positions.
The plaintiff endured humiliation, emotional distress, mental anguish, pain, and suffering due to the discrimination he faced, the complaint alleges. And, considering all circumstances according to the complaint, including the public interest and impact the NJSBA has on the appointment of state prosecutors, judges, and Supreme Court justices, the lawsuit states that the NJSBA’s actions are “particularly egregious and outrageous.” A jury will determine the amount of damages the plaintiff will be awarded.
“In standing up to the NJSBA, an organization of mostly lawyers, to correct its system of unlawful discrimination and civil rights violations, the plaintiff has suffered personal and professional ostracization.” said Ms. McKillop. “For the sake of principles, including true diversity, inclusion, equality, fairness, and the public’s interest and confidence in the justice system, the plaintiff put his career, livelihood, and professional relationships at risk in filing and continuing with this suit. We will keep an eye on the NJSBA to determine whether and to what extent it complies with Judge Rea’s order and stops discriminating.”
The judge ruled the NJSBA violated the Law Against Discrimination and ordered it to stop doing so, including by removing any discriminatory criteria used to fill any positions. The lawsuit also seeks unspecified monetary damages, punitive damages, and an award of attorney fees and other legal costs and expenses.
