Mark Diana

Mark Diana

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Discrimination


New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

9/5/2015 - Arbitration Arbitration Agreements Contract Drafting Contract Terms Discrimination Employer Liability Issues Employment Contract Mandatory Arbitration Clauses Retaliation Waivers

New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49...more

2/12/2015 - Discrimination Employer Liability Issues Faragher/Ellerth defense Hostile Environment NJ Supreme Court Sexual Harassment

New Jersey Gender Equity Notice Now Available—Employer Obligations Start January 6, 2014

The New Jersey Department of Labor has just made available the gender equity notice that must be posted and distributed to New Jersey employees pursuant to P.L. 2012, c. 57, which was signed into law in September of last...more

12/11/2013 - Civil Rights Act Discrimination Employment Policies Gender Discrimination Gender Equity

New Jersey Expands Pay Equity Protections

On August 29, 2013, Governor Chris Christie signed a bill (A2648) into law barring employers from retaliating against employees who share information about their compensation with other employees in furtherance of a pay...more

9/24/2013 - Anti-Discrimination Policies Chris Christie Compensation & Benefits Discrimination Retaliation

Another Update: New Jersey’s New Pay Equality Notice Law

As we have previously discussed (September 24, 2012 alert and December 2012 eAuthority), a new law will require New Jersey employers, with 50 or more employees, to post and distribute (at various times) a notice to employees...more

1/5/2013 - Discrimination DOL Equal Pay Gender-Based Pay Discrimination Notice Requirements Title VII

Bill Proposed To Amend NJLAD To Prohibit Healthcare Benefit Discrimination

On November 19, 2012, a bill (A3444) was introduced in response to reports in the New Jersey Star Ledger that a bank purportedly provided unequal levels of health coverage to its male and female employees. The bill attempts...more

12/14/2012 - Compensation & Benefits Discrimination Employee Benefits Health Insurance Healthcare Sex Discrimination

New Pay Equality Poster and Notice Law Enacted in New Jersey

On September 21, 2012, New Jersey Governor Chris Christie signed into law a bill that will require New Jersey employers with 50 or more employees to post and distribute to employees a notice of their right to be free from...more

9/25/2012 - Discrimination Gender-Based Pay Discrimination Sex Discrimination

Non-Probationary Employee Not Proper Comparator For Probationary Employee, Third Circuit Holds

In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his...more

8/16/2012 - Discrimination Probationary Period Race Discrimination Sex Discrimination Substantially Similar

Employer Not Required To Accommodate Bus Driver’s No Sunday Work Request, Third Circuit Holds

In Fouche v. New Jersey Transit, No. 11-3031, 2012 U.S. App. LEXIS 14524, (3rd Cir. July 16, 2012), a bus driver sued his employer under Title VII and the New Jersey Law Against Discrimination for refusing to accommodate his...more

8/16/2012 - Discrimination Reasonable Accommodation Religious Discrimination Title VII Undue Hardship

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