United States Third Circuit

Federal Reserve Act section 341(Fifth), as impliedly amended by the ADA and 12 U.S.C. section 1831j, preempts any state employment law that goes beyond the remedies and protections provided by those federal laws. A district court's refusal to find plaintiff's state law employment claims preempted by the Federal Reserve Act is reversed since New Jersey-s Conscientious Employee Protection Act (CEPA) and Law Against Discrimination (LAD) impose substantive and procedural burdens well beyond those imposed by federal law, and thereby frustrate Congressional intent to provide the Federal Reserve Banks with relatively unfettered employment discretion.

Appellate Information

• Argued 06/29/2006
• Decided 08/03/2006
• Published 08/03/2006

Judges

• Before BARRY, VAN ANTWERPEN, and JOHN R. GIBSON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas Baxter, Jr., Michele H. Kalstein (Argued), Barry M. Schindler, Federal Reserve Bank of New York, New York, NY, for Appellant Federal Reserve Bank of New York., Frank A. Chernak, Ballard, Sphar, Andrews & Ingersoll, Philadelphia, PA, for Amicus Curiae.


• For Appellees:
  
• Andrew Dwyer (Argued), Dwyer & Dunnigan, LLC, Newark, NJ, for Appellee.