Current Events

Thursday, December 15, 2016

Cancer Discrimination Can Take Many Forms: Failure to Accommodate, Denial of Opportunities for Training and Promotions, and Outright Harassment.

Cancer survivors and those in treatment are entitled to reasonable accommodations at their workplace to allow them to remain employed. Cancer survivors and those in treatment should not have to suffer discrimination at work and numerous state and federal laws prohibit discrimination against an employee who had or has cancer, or are perceived as having cancer.

This firm has successfully represented cancer survivors, both private and  public employees. To persons diagnosed with cancer, treating for it, or having survived it and returned to work, don’t give up! The law is on your side for an employer to make reasonable accommodations that will allow you to remain employed. 

Reasonable Accommodations to Remain Employed

An employee who has cancer should request a reasonable accommodation from their employer that will allow them to remain employed if that accommodation is necessary.

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Sunday, October 23, 2016

Is This Sexual Harassment?

A sexual harasser in the workplace ( and elsewhere) may make statements such as, “You are too sensitive,” or “You are being too PC, ” in order to deflect blame off of  himself  or herself for the sexual harassing acts.

While the law in NJ doesn't prohibit simple teasing, or single incidents that are not very serious, or offhand non-threatening comments, acts may be illegal harassment when they are so frequent or severe that it creates a hostile or offensive work environment. A single incident, if sufficiently severe, may be enough to prove a valid claim. If the harrasser’s sexual advances are rebuffed by the employee,  and such rejection or snub results in an adverse employment decision, such as the employee being fired or demoted, there could also be a valid claim. The advances do not have to be tangibly sexual in nature to suffice such a claim.

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Monday, October 17, 2016

Pregnancy Discrimination Claims Are on the Rise; School Teachers Not Immune to Pregnancy Discrimination

As reported in the press and according US government statistics, the filing of Pregnancy Discrimination claims are on the rise. Some may like to believe that public school teachers may be immune to this type of discrimination, as they are dedicated to caring for children, but such is not the case. This Law Office has litigated these types of pregnancy cases, both in Federal and State Court and obtained successful monetary results for clients.

The fight to end discrimination against women in the workplace in New Jersey is far from over, and women who plan to have children or become pregnant remain vulnerable. A recent case out of Asbury Park illustrates how pregnancy discrimination is still a problem.

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Friday, October 7, 2016

Associational Disability: Can My Employer Discriminate Against Me Because My Relative Is Disabled?

NJ State and Federal law prohibit discrimination against an employee because of the employee’s associations with a disabled person. An employer may not discriminate against you because of your association with a disabled person, or a person who is merely perceived to be disabled, if not in fact disabled. This protection applies not only to permanent and full-time employees but also to part-time and temporary workers. 

The disabled person need not be a relative of the employee; he/she could be a roommate, a friend or other associate. This protected category is known as associational disability discrimination.

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Friday, September 30, 2016

Can I Sue My Employer for Violating My Free Speech Rights under the First Amendment? Part II

As stated earlier on this site, if you work for a private employer you may not sue your employer for violating your free speech rights under the First Amendment of the U.S. Constitution ( not to be confused with individual state constitutions) which establishes limits only on the government’s infringement of speech rights but not on a private employer’s curtailing of speech of its employees.

The  U.S.

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Saturday, September 10, 2016

Can I Sue My Employer for Violating My Free Speech Rights under the First Amendment?

The First Amendment to the U.S. Constitution reads:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

If you work for a private employer you may not sue your employer for violating your free speech rights under the First Amendment of the U.S.

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Monday, August 29, 2016

Sen. Cory A. Booker and Other Members of Congress File Brief to Clarify and Expand Civil Rights Protections for Lesbian Employee and Other LGBT

On August 25, 2016, five Members of Congress, Senators Jeffrey A. Merkley, Tammy Baldwin and New Jersey’s own Senator Cory A. Booker,  and Representatives David N. Cicilline and Mark Takano, signed an amici curiae brief in support of Plaintiff-Appellant Kimberly Hively's petition for a rehearing of the Seventh Circuit’s decision in her case against her employer, Ivy Tech Community College in which she alleges her employer discriminated against her because she is a lesbian. In that case, the Seventh Circuit upheld the lower District’s Court decision that Kimberly Hively was not discriminated in Violation of Title VII, on the reasoning that Title VII prohibits discrimination based on sex but not sexual orientation.
Read more . . .

Friday, August 26, 2016

Can My Employer Retaliate Against Me for Testifying Against Them on Behalf of a Co-worker?

New Jersey has several laws that prohibit an employer from retaliating against an employee who testifies against the employer in a lawsuit brought by another employee. This is good news including for New Jersey state employees who might otherwise have to rely upon First Amendment protections with mixed results. 

The most common law for protecting workers from retaliation by the employer if they testify against that employer in a lawsuit brought by a co-employee is New Jersey’s general whistleblower law,  the Conscientious Employee Protection Act (CEPA) N.

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Wednesday, August 17, 2016

My Boss Makes Jokes About My Age

Employees who are in the position of working for a supervisor who is younger than them and/or being the oldest workers in their department may find themselves being the brunt of ageist jokes. Calling employees, “grandpa,” and “old bastards ”and “like a bag of bones” are among some of the humor or name calling that was alleged in successful employment age discrimination cases. Employees who are among the oldest in their department may find themselves excluded not only from social gatherings with co-employees,  but also from employer sponsored quasi-social meetings and training sessions. While the former is not necessarily indicative of age bias on the part of the employer, the latter may have real consequences for the older employee who not only wants to be retained, but also wants to be promoted, and it could be an indicator of illegal age bias. 

One such case with alleged facts typical of age discrimination plaintiffs was settled August 3, 2016 with the judge dismissing the case August 4, 2016 while preserving the right of either party to reinstate the action within 60 days if the settlement was not consummated.

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Tuesday, August 2, 2016

When Women Don’t Act Like Women-Sexual Orientation and Gender Identity - LGBT Discrimination and Title VII’s Prohibition on Employment Sex Discrimination

There has been conflicting interpretations and opinions for decades on whether the Civil Right Act's Title VII prohibition on employment sex discrimination encompasses employment discrimination based on gender identity and sexual orientation. Unlike the New Jersey Law Against Discrimination, the Federal Civil Right Act's Title VII does not specifically include within the statute’s language, the protected characteristics of sexual orientation and gender identity.

Plaintiffs who lived in more conservative states that did not have strong state discrimination statutes protecting employees from LGBT discrimination in the workplace, were left with having to litigate LGBT discrimination claims under Title VII, with mixed results.

Read more . . .

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