See, N.J.S.A. 10:5-1, et. seq.When enacting the LAD, the New Jersey Legislature mandated that Courts broadly and liberally construe the law because they recognized that discrimination causes personal hardships and is against public policy. N.J.S.A. 10:5-3. I believe that minority shareholders have a reasonable expectation to not be treated differently or unfairly based upon the aforementioned covered classifications.

Though federal and state statutes express a preference for arbitration, the court explained the preference "is not without limits" and arbitration agreements may be unenforceable in whole or in part when contrary to public policy. The LAD, N.J.S.A. 10:5-3, expressly allows plaintiffs to recover punitive damages. The court found this provision was designed not only to protect individual plaintiffs, but also to further the public interest of eliminating discrimination by deterring and punishing egregious misconduct.