Todaro v. County of Union, 392 N.J. Super. 448 (App. Div. 2007). We represented Maria Todaro, a County employee who was wrongfully denied a promotion by the County of Union. A jury found in her favor and awarded her substantial damages. However, the trial court refused to promote her as an equitable remedy. The Appellate Division reversed the decision of the trial court, which had found that Todaro was entitled to receive salary and benefits comparable to what the incumbent superintendent was receiving at the time of the hearing, and concluded that this “rightful place” remedy failed to make Todaro whole. The appellate court held that instatement should have been viewed as a priority, even at the expense of the incumbent; that the record did not support the trial court’s findings that the incumbent was an “innocent party” who would be substantially harmed if demoted; and that, even assuming the incumbent was an “innocent party,” he was not vested with a greater entitlement to the position than the employee, the victim of illegal discrimination.
