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New Jersey Employer’s Fear of Employee’s “Ugly Divorce” Forms Basis of Marital Status Bias Claim

In Smith v. Millville Rescue Squad, (A-19-14, June 21, 2016), the New Jersey Supreme Court broadly interpreted the prohibition against marital status discrimination in the Law Against Discrimination (LAD) to protect a person...more

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

New Jersey Division on Civil Rights Workplace Posting Update

The New Jersey Division on Civil Rights (DCR) quietly issued another round of updated mandatory posters (with a revision date of 5/8/2015), which are now available on its website. The revised posters (English and Spanish...more

EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers?

The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector. Presented annually, the report always contains some nuggets...more

Still More New Jersey Workplace Poster Updates!

The New Jersey Division on Civil Rights (DCR) recently added updated English and Spanish versions of its Discrimination in Employment poster (as well as its Public Accommodation and Housing posters) to its website, with the...more

New Jersey Employment Posters Updated, Yet Again

The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected...more

Bill Prohibiting Discrimination Against Unemployed Applicants Reaches New Jersey Governor’s Desk

On June 30, 2014, the New Jersey Legislature passed a bill (S1440) that would add unemployed applicants to the growing list of protected classes under New Jersey law. First referenced in the March 2014 issue of the New Jersey...more

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

New Jersey Senate Passes Unfair Wage Recovery Act

On March 27, 2014, the New Jersey Senate passed the Unfair Wage Recovery Act (S783), which would amend the New Jersey Law Against Discrimination to provide that an unlawful employment practice occurs each time an individual...more

Taking Documents To Support Discrimination Claims Can Be Prosecuted As Theft, Notwithstanding Quinlan, New Jersey Appellate...

In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents...more

Bill Introduced To Extend New Jersey Employment Discrimination Protections To Unpaid Interns

On December 5, 2013, the Senate introduced a bill (S3064) seeking to extend legal protections and remedies to unpaid interns by amending three state statutes: the Law Against Discrimination, the Conscientious Employee...more

New Jersey Appellate Division Holds Age Discrimination Plaintiff Need Not Show She Was Replaced Or Her Employer Sought A...

The New Jersey Appellate Division recently held that in an age discrimination case, the fourth element of the plaintiff’s prima facie burden—that plaintiff was replaced (or the employer sought a replacement) by someone...more

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

New Jersey Bill Seeks To Expand Protections For Pregnant Employees

On November 18, 2013, a bill (S2995) seeking to expand employment protections for pregnant women passed in the Senate 38-0. Specifically, the bill would (1) amend the New Jersey Law Against Discrimination to add pregnancy...more

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

New Jersey Appellate Division Holds Aider And Abettor Liability Can Be Imposed On A Supervisor For His Or Her Own Affirmative...

In Rowan v. Hartford Plaza Ltd., 2013 WL 1350095 (N.J. App. Div. Apr. 5, 2013) (unpub.), the New Jersey Appellate Division held—in an unpublished opinion—that individual supervisors are subject to “aiding and abetting”...more

New Jersey Casino’s Waitress Appearance Policy Not Discriminatory

A trial court judge recently held that Borgata Casino’s “Borgata Babes” program—its employment of scantily-clad, attractive casino servers who were required to watch their weight—did not run afoul of the New Jersey Law...more

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

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

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

Arbitrator’s Decision Finding Just Cause For Discharge Dooms Subsequent Statutory Claims, District Of New Jersey Holds

In Robbins v. U.S. Foodservice, Inc., 2012 WL 3781258 (D.N.J., August 30, 2012), a union employee’s discrimination (NJLAD) and leave law (FMLA and NJFLA) claims were dismissed because her union previously had grieved her...more

“Old Man” Comments By A Supervisor Were Sufficient To Cause Hostile Work Environment And Individual Liability, New Jersey...

In Farrell v. Toys R’ Us, 2012 WL 4069515 (App. Div., September 18, 2102), an assistant store manager claimed that he was subjected to an age-based hostile work environment in violation of the NJLAD because his supervisor...more

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

Termination Two Days Before Taking FMLA Leave “Unusually Suggestive,” New Jersey District Court Holds

In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more

NJLAD Lawsuit Barred Once State Agency Adopted Finding Of EEOC, New Jersey Appellate Division Holds

In Cornacchiulo v. Alternate Investment Solutions, Inc., 2012 N.J. Super. Unpub. LEXIS 1415 (App. Div. June 19, 2012), the New Jersey Appellate Division dismissed an employee’s NJLAD discrimination suit because, having first...more

7/16/2012  /  Discrimination
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