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Rivera v. Trump Plaza Hotel & Casino

December 3, 1997

ARTEMIO RIVERA AND ALBERT KARWOWSKI, PLAINTIFFS-APPELLANTS,
v.
TRUMP PLAZA HOTEL & CASINO, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey Law Division, Atlantic County.

Approved for Publication December 3, 1997.

Before Judges Dreier, Keefe and P.g. Levy. *fn1

The opinion of the court was delivered by Keefe, J.A.D.

The opinion of the court was delivered by: Keefe

The opinion of the court was delivered by

KEEFE, J.A.D.

In this alleged wrongful termination case, plaintiffs, Artemio Rivera and Albert Karwowski, appeal from the entry of summary judgment in favor of defendant Trump Plaza Hotel & Casino (Trump Plaza). On appeal, plaintiffs present the following issues:

I. THE COURT ABUSED ITS JUDICIAL DISCRETION WHEN IT TOOK JUDICIAL NOTICE TO FIND THAT A PONY TAIL HAIR STYLE IS NOT A TRADITIONAL HAIR STYLE.

II. THE COURT IMPROPERLY GRANTED SUMMARY JUDGMENT BECAUSE THERE ARE MATERIAL FACTUAL DISPUTES.

III. SEX DIFFERENTIATED HAIR-LENGTH POLICIES DO CONSTITUTE A FORM OF SEX DISCRIMINATION UNDER THE NJLAD.

IV. PLAINTIFFS' ALLEGATIONS ARE SUFFICIENT TO ESTABLISH A CLAIM FOR SEXUAL DISCRIMINATION UNDER THE NJLAD

V. PLAINTIFFS' THIRD AND FOURTH COUNTS OF THE COMPLAINT BASED ON IMPROPER DISCHARGE SHOULD NOT BE DISMISSED.

VI. PLAINTIFFS' CLAIMS FOR BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING SHOULD ...


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