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Tuesday, January 19, 2016

How Are Employees, as Well as Job Applicants, at Risk When Using Social Media?

Posting your profile on social media these days can be risky for job candidates, as well as for employees. Social media such as Facebook and Twitter is becoming a common reason for disqualifying otherwise acceptable job candidates.

According to one


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Thursday, December 10, 2015

Investigative Surveys Show Ongoing Workplace Racial Discrimination

More than one alarm has presented an indication that workplace discrimination continues to be a problem in the United States. A November 2015 survey sponsored by the Henry J. Kaiser Family Foundation/CNN found that a third of Black Americans said they were the victims of


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Saturday, November 14, 2015

Employers Cannot Deny Training and Promotions to Older Workers

Older workers may face many barriers in terms of their employers’ not treating them equally to younger counterparts. Discriminatory acts may cause the worker to fail, or to work poorly, resulting in negative performance evaluations after years of receiving good evaluations. This is true in all types of employment, in public and private sectors, from high level corporate positions to office workers to blue collar positions.


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Monday, October 19, 2015

New Jersey Transgender Workers Are Protected

 New Jersey transgendered persons and transsexuals are protected from employment discrimination under both statute and case law. Discrimination based on gender identity and gender expression is prohibited. 

Kroger, which is the largest U.


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Friday, October 9, 2015

Can You Be Fired If You Don't Maintain Employer’s Physical Appearance Standards?

In New Jersey, that depends on whether the employer is applying standards that illegally discriminate against a class of employees that is protected by law, such as based on sex, disability, pregnancy, etc.

The State Appeals Court of New Jersey ruled this week that an Atlantic City casino has the right to regulate the weight of its cocktail servers reasoning that the employer’s regulations were in keeping with industry standards and that they did not discriminate based on gender or


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Sunday, September 20, 2015

Is it Legal to Fire an Employee after He Requests Medical Disability Leave?

​Many State and Federal laws cover whether if it is legal for an employer to fire an employee who is out of work due to medical reasons. The Family Medical Leave Act (FMLA) allows employees who are covered under the statute to have 12 weeks of unpaid sick/disability leave if they work for a covered employer. Whether or not the employer is one who must adhere to the FMLA, a “covered employer”, is dependent on a number of statutory factors including the number of employees. Even if the employer is a covered employer, not all employees who work for the employer and go out on medical leave, are “covered” employees who would otherwise be entitled to the 12 weeks of leave. But even if the FMLA does not apply in the case of an individual employee, there are other laws that might apply.


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Thursday, August 27, 2015

At-Will Employment

What does the term "at-will employment" mean and is it always relevant?·

"At-will employment" refers to the fact that, under normal circumstances, in most jobs, an employer can terminate your employment at any time, for any cause except for illegal reasons, without any prior notice to the employee. This law is not as universally known as one might imagine, and many employees are startled to find out that their employment can be abruptly terminated for no apparent reason. There are laws protecting the employee when the employer has broken a labor law or violated his or her civil rights, but, in many cases, the employee has no legal recourse.

However, just because an employee is at-will, does not mean that he/she may not have a valid claim for illegal discrimination and wrongful termination. Most successful wrongful termination lawsuits are brought by at-will employees.


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Friday, July 24, 2015

Employment Discrimination Under the Americans with Disabilities Act

What are my rights as a disabled worker?

It used to be the case that employers could discriminate against a potential or current employee due to a disability.  The Americans with Disabilities Act (ADA) passed in 1990 and various state laws enacted thereafter have outlawed this practice.  

If you are disabled you may qualify for protections under the ADA and similar state laws.  Certain types of long-term disabilities make one eligible for this protection.  Under the ADA a disability is defined as “a physical or mental impairment that substantially limits a major life activity including a major bodily function.


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Wednesday, June 17, 2015

New Jersey Employees Can File Directly in State Court for Age Discrimination

There have been many studies that demonstrate that discrimination plaintiffs fare better in state Court than if they file their claim in federal court.

Age discrimination is on the rise and victims of age discrimination in employment often erroneously believe that they have to file a claim first administratively with the Equal Employment Opportunity Commission before they can file a lawsuit. However, while this is true if a person  wants to file his/her age discrimination claim under federal laws, New Jersey victims of age discrimination in employment may file an age discrimination claim directly in New Jersey Superior Court under New Jersey State law without having to first file an administrate claim with an agency.

The federal law, The Age Discrimination in Employment Act of 1967 “ADEA” protects persons who are 40 years of age or older from employment discrimination based on age. Under this law , it is unlawful to discriminate against a person seeking employment or one who is employed because of his/her age with respect to any term, condition, or privilege of employment including hiring, training,  job assignments,  awarding promotions, monetary compensation and benefits, determining layoffs and terminations.


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Thursday, May 7, 2015

Employers Fire Single Pregnant Women While Unwed Fathers Are Retained

Terminating a women because she is pregnant and not married is a common practice by some employers, and the practice is not limited to while collar positions, nor is it limited to those in lower paying jobs. 

Two recently settled employment discrimination cases brought by very different types of workers who found themselves out of a job when their employers found out they were pregnant, demonstrate that this double whammy discrimination by employers occurs in many types of employment positions. 

Pregnant single women need to stand up to sex discrimination in the workplace. 

Leigh Castergine was in a prestigious, high level and high profile corporate executive position, a senior vice president for the New York Mets. This was quite different than the employment status of Jennifer Maudlin, employed as a cook at a child care facility in Ohio.


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Monday, April 13, 2015

United States Supreme Court Altered the Framework for Pregnancy Discrimination Cases

In employment, pregnant women historically suffer much bias and still suffer bias. Pregnancy is one of the latter categories of recognized protected classes under the law that affords protection to employees. Pregnant workers’ rights is something that is in some ways unsettled under federal law.


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