March 30, 2012: On behalf of Defendant City of Atlantic City and various City officials, Steven S. Glickman have successfully procured an Order granting summary judgment to the Defendants on all claims asserted in Bernstein v. City of Atlantic City, 2012 WL 1079030 (D.N.J. 2012).
On December 31, 2007, Plaintiff had filed a multi-count Complaint in the United States District Court for the District of New Jersey against her employer, the City of Atlantic City, and various City officials, asserting claims for sexual harassment, discrimination, retaliation, and a host of other employment-related causes of action. Plaintiff's Complaint specifically pled claims under the Federal Civil Rights Act ("FCRA"), the New Jersey Law Against Discrimination ("LAD"), and the New Jersey Conscientious Employee Protection Act ("CEPA").
At the close of discovery, the Defendants filed a motion for summary judgment on all causes of action asserted in the Complaint. On June 27, 2011, the U.S. District Court granted summary judgment to Defendants on Plaintiff's "whistleblower" claim under CEPA and her claim under Section 1983 of the FCRA for violation of her First Amendment rights. However, for procedural reasons, the Court denied without prejudice Defendants' motion for summary judgment on Plaintiff's sexual harassment claim and her remaining claims under the FCRA, thereby allowing the parties to submit additional briefs on these issues. Shortly thereafter, the Defendants filed a follow-up motion for summary judgment on all remaining claims asserted in the Complaint, which the District Court granted in full on March 30, 2012. As a result of these two Decisions, all claims against the Defendants in this case have been dismissed with prejudice.