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Wednesday, January 10, 2018

When My Employer Won’t Allow Extended Leave for Medical Treatments


This Article updates the Thursday, October 12, 2017, post, “Employer Breast Cancer Discrimination Because I Am Female?” which described the case of a corporate executive, a female who was head of original programming for a major cable television network, was fired in while on medical leave for breast cancer.

Sometimes an employer illegally discriminates against a woman with breast cancer because of a bias against women in addition to disability discrimination. One of the more common forms of discrimination against a female worker with breast cancer is when the employer will not allow an extended FMLA leave or another type of accommodation that the employer routinely gives to male employees with cancer.


Read more . . .


Monday, January 8, 2018

Extreme Race Discrimination including Nooses, KKK Emblems, and Racist Names at Work


As shocking as it may seem to some workers, blatant and egregious racial harassment in the US workplace still rears its ugly head in the 21st century and at times even includes KKK emblems, nooses and the N-word. An employer’s illegally using race as a factor as to who to promote and decisions as who to let go, is the more common form of race discrimination in today’s workplace. However, blatant and egregious racial harassment in the workplace, even in the form of KKK emblems, hangman’s nooses, and use of the N-word, is far more common than is generally known.


Read more . . .


Wednesday, January 3, 2018

I Work for a Small Employer, Can I Get Time Off for My Own Medical Condition?


It comes as a surprise to many that the Family Medical Leave Act (FMLA) which grants family and temporary medical leave under certain circumstances, does not apply to all employers and that not all employees are covered under the Act.

Which Employers Are Required to Give FMLA Leave?

For the FMLA to apply, the employer, if a private employer, must have 50 or more employees. Private employers with fewer than 50 employees are not covered by the FMLA, but may be covered by state family and medical leave laws.

However, if you are an employee for a government agency, including elementary and secondary schools, local, state and government agencies, the FMLA applies to all such employers, regardless of the number of employees.

If My Employer Has over 50 Employees, Does That Mean I Will Be Allowed FMLA Leave?

Persons have come to me assuming that if they work for a large employer, they will automatically be entitled to leave under the federal Family Medical Leave Act (FMLA).


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Saturday, December 30, 2017

Older Workers Fight for Their Right to Work in Behemoth Class Action Lawsuit


Finally, the issue of discrimination against older persons seeking work, those who cannot even submit a job application because they are deliberately shut-out of learning about the open positions because of their age, is garnering some national attention. I have successfully represented numerous age discrimination plaintiffs, female and male, who were employees in the private and public sectors, from cafeteria workers to professionals, and was successful in obtaining six figure settlements for them.

On December 20, 2017, a class action lawsuit on behalf of older workers was filed by the Communications Workers of America (CWA) against hundreds of large employers including Amazon.


Read more . . .


Tuesday, December 19, 2017

I Am a Breastfeeding Mother and My Employer Will Not Let Me Express Milk or Pump Milk While I Am at Work. What Can I Do?


I Am a Breastfeeding Mother and My Employer Will Not Let Me Express Milk or Pump Milk While I Am at Work. What Can I Do?

Let’s face it: if men were breastfeeding and required breaks at work to pump their milk, whether or not they had a civil right to breastfeed, which for working people naturally entails being allowed breaks at work to pump milk, would not even be an issue. There would be dedicated spaces at work to pump milk.

For years progressive attorneys and women’s rights groups have lobbied for civil rights of women who breastfeed to be allowed time at work to pump or express milk. While a federal law was passed in 2010 called the Break Time for Nursing Mothers Law, there was wiggle room for employers with less than 50 employees to circumvent the law if they could prove enforcing it would created an undue hardship on the business.

Read more . . .


Thursday, December 14, 2017

Gender Stereotyping at Work, If You Experience Same Sex Harassment but Think It’s Not Sexual in Nature


Persons may wonder if harassment is actionable,  when they are being ridiculed or otherwise harassed at work by members of their same sex when they do not perceive the harassment as necessarily being “sexual” in nature,  i.e., they do not feel like they are being sexually “ hit on” by the harasser, and they do not perceive it as the harasser being sexually or otherwise attracted to them.

The New Jersey Law Against Discrimination, N.J.


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Monday, December 4, 2017

What If My Boss Does Not Sexually Harass Me but a Co-worker Harasses Me? Joking about Workplace Sexual Harassment Is Not Funny


It is rare that a working woman has not known someone, be it herself or others, who had experienced some form of sexual harassment in the workplace. While women are not the only victims, more women are coming out of the closet as to reporting such harassment.


Read more . . .


Thursday, October 19, 2017

Should My Co-worker File a Lawsuit with Me?


As stated in my last article, if an employee believes he/she has a claim for two or more types discrimination when terminated by the same employer, the terminated employee is bound by the “Entire Controversy Doctrine.” All claims by one employee arising out of the same wrongful acts of an employer, should be filed together within the same lawsuit. 

 However, when there is more than one employee who has a claim against the same employer, it requires a more careful analysis as to whether, in certain specific circumstances, New Jersey law allows for them to each file a lawsuit separately or of they should join together as plaintiffs in one lawsuit.

Again, in certain circumstances, the Entire Controversy Doctrine may require two or more employees to join together in one lawsuit and not file separately. I recently represented several female employees in one discrimination lawsuit that alleged harassment, retaliation, and illegal constructive discharge.


Read more . . .


Thursday, October 12, 2017

Employer Breast Cancer Discrimination Because I Am Female?


Unfortunately, yes, it sometimes happens that an employer illegally discriminates against a woman with breast cancer because of a bias against women in addition to disability discrimination.  One of the more common forms of discrimination against a female worker with breast cancer is when the employer will not allow an extended FMLA leave that the employer routinely gives to male employees with cancer. Rising female executives may still have to combat a good old boys' club atmosphere which is hostile to the advancement of woman.


Read more . . .


Saturday, September 16, 2017

Can I Sue for Both Race and Age Discrimination If I Am Fired?


Yes, a person can sue their employer for both types of discrimination. If a person believes he/she has a claim for both age and race discrimination when terminated by the same employer, the terminated employee is bound by the “Entire Controversy Doctrine.” In the context of a wrongful termination, it is a legal principle mandating that all claims by one employee arising out of the same wrongful acts of an employer, should be filed together under different counts within the same lawsuit. 

Therefore, if a terminated employee believes that discrimination based on both race and age (or race and gender, or age and sex, or any two “protected classes” was a contributing factor leading to the employee’s termination, both claims should be brought within one lawsuit under the Entire Controversy Doctrine. If you believe you are terminated or discriminated against by your employer, for more than one illegal discriminatory reason, you may have more than one valid discrimination claim; you do not have to choose when filing the lawsuit.

Read more . . .


Monday, May 1, 2017

Can it Be Age Discrimination When the Person Who Fired Me Is Older than Me?


Clients have asked me if it possible to have a case of age discrimination, when the person who fired them is older than they are. The answer is, “Yes.” For example, an employee in her 50's may be harassed or terminated because of her age, but the boss who made the termination decision is in his 60's. The persons having the managerial authority as to who to keep and who to let go in termination decisions are frequently older themselves and long-term employees. Just because a person is older, even significantly older by a decade or more, than the terminated employee, it does not constitute an outstanding safeguard employer defense when an employer has to defend on a wrongful termination age discrimination claim.


Read more . . .


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