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Discrimination

Monday, January 17, 2022

NJ Disability Attorney, Employees with Epilepsy May Experience Fearful Reactions of Co-Workers and Discrimination


Despite attempts by world health organizations to eradicate many of the fears surrounding epilepsy, employees living with epilepsy may experience illegal employment discrimination in both the public and private sectors. Centuries old superstitions, fears and fallacies about being in the presence of persons who have seizure disorders have their historical roots associating seizure disorders with danger, sorcery, unpredictable supernatural powers and witchcraft. While modern science has certainly debunked the formerly widely held but unjustified belief in supernatural causation of seizures, some persons in the 21st century nevertheless emotionally and physically distance themselves from others who are known to have epilepsy.

Unfounded fears by co-workers that they in some way may be harmed by a person having a seizure, may contribute to illegal and discriminatory actions of the employer.

This was such the issue heard by the NJ Supreme Court in a 1988 case brought by an employee against his former employer, a supermarket, who terminated him because they thought his epilepsy posed a danger to other workers if he had a seizure while in the workplace.


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Monday, January 3, 2022

NJ Wage Payment Attorney, Increase in Minimum Wage Insufficient and Class Biased


New Jersey’s increase in the minimum wage by one dollar an hour beginning January 1, 2022 is insufficient for most workers to sustain themselves. Commencing immediately on  January 1, 2022, the minimum wage will increase in twenty-one states and thirty-five other jurisdictions. In the majority of those jurisdictions, the minimum wage will be or surpass $15 per hour to be required to be paid some or all employers. Four states and more than twenty other jurisdictions later in 2022 will institute additional minimum wage rate increases. Before December 31, 2022, eighty-one jurisdictions in the United States i.


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Monday, December 27, 2021

NJ Employment Whistleblower Attorney- Employer Retaliation Against Drivers


All employment positions must be carried out under the umbrella of state and federal laws,  and for some driver employees that includes maintaining an accurate driving-time logbook. Valid whistleblower claims can relate to your objecting to what you reasonably believe is your employer committing fraud upon the public or the government, or complaining about violation of other laws such as the New Jersey Law Against Discrimination. I have successfully represented employees in whistleblower claims and was successful in recovering six figure settlement money for them. In one such case,  the employer terminated the head of HR who was in charge of hiring. The employer instructed the head of HR to not hire persons of a certain race; when the employee objected to this illegal business practice and refused to do so, the employer illegally terminated her in retaliation.


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Monday, December 20, 2021

NJ Sex Discrimination Attorney- Higher Level Education Does Not Close Sex Pay Gap for Women, a Present Day Women’s Lament


“I earned a Masters’ degree and Doctorate and the men who do my job still earn more money than me,” - a present day women’s lament heard among professional women in all occupations.

It is demoralizing to women who have given their time, paid extensive money and frequently gone into debt, and made numerous other personal sacrifices to achieve a higher education, that it has not been beneficially for them financially in terms of being on salary par with men.

Higher education for women does not close the pay gap relative to men for women of all educational levels.

Women who are high school graduates with no college education only earn 76.2% of what men who are high school graduates without a college education earns according to 2020 annual averages released in


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Monday, December 13, 2021

NJ Wage Payment Attorney- I’m Not Paid Minimum Wage-Employers Exploit Employees Based on Immigration Status


Some employers exploit their employees based on their immigration status. Many of these workers are prevented or manipulated from asserting workplace rights for fear of retaliation. If one worker complains and then is suspended or fired in retaliation, the termination sends a chilling message to all the other exploited workers to remain silent. Laws in general prohibit employers from retaliating against immigrant workers for exercising their workplace rights regardless of the workers' immigration status. NJ state laws and Federal agencies seek to protect all workers from employer violations regardless of immigration status.


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Monday, December 6, 2021

NJ Whistleblower Attorney, Construction Workers Complain about Dangers, Hazards on Job


Construction workers may face a bevy of hazardous job conditions from abrasive blasting to construction in confined spaces that make working unsafe. Because of the unique nature of their work, there are physical dangers related to their employment that workers in other professions do not encounter. Public and private employers of those who do construction work are required to adhere to legal regulations under Federal and State laws for workers related to the following (not all inclusive list):

Potential Combustible Dust Explosions 

Storage of Flammable Combustible Materials

Demolishing or Salvaging Structures Where Asbestos Is Present (extremely important as the damage to one’s body may not become evident until decades later)

Electrical Hazards

Cranes and Derricks in Construction and Qualified Riggers

Signal Person Qualifications as to Cranes and Derricks

Compressed Gas Cylinders

Scaffolding as to Employee Safe Access, Platforms and Guardrails

Protection from Falling Objects

Chemical Toxic Gases, Vapors, Fumes, Dusts, and Mists (damage to one’s body may not become evident until years later)

Lead Poisoning (extremely important as the damage to one’s body may not become evident as to decades later)

Crystalline Silica (employees must be protected from crystalline silica by appropriate engineering controls, personal protective equipment, respirators)

Malfunctioning Power Tools, Improper Maintenance of Power Tools

If you are construction worker who  reported to your employer, complained about, or refused to participate in what you reasonably believe to be employer violations of health or safety codes or other legal regulations, and your  employer retaliated against you by cutting your hours, demoting you or by other forms of retaliation, you may have a valid Whistleblower claim under the New Jersey Conscientious Employee Protection Act, (CEPA) N.J.S.


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Monday, November 29, 2021

NJ Employment Race Discrimination Attorney, Employment Protections and The John Lewis Voting Rights Advancement Act


When you cast your vote for the elected officials whom you want to represent your interests, you, the voter, determine which representatives you want to write, sponsor and pass bills that will affect your civil rights and which determine your rights as an employee.

The John Lewis Voting Rights Advancement Act was approved by the US House of Representatives on August 24, 2021. It has been widely discussed that the bill faces an uphill battle in the Senate.


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Monday, November 22, 2021

NJ Employment Discrimination Attorney, NJ Statute Has Broad Definition of “Homosexuality” for Workers


Rejecting a more narrowly tailored definition of homosexuality as is used by some other states, the NJ legislature specifically includes many employees to be protected workers who have a right to employment without discrimination because of affectional or sexual orientation, sex, gender identity or expression as well as some other protected classes.

The New Jersey Law Against Discrimination (NJLAD) Has a Broad Definition of “Homosexuality” as to Protected Workers.

This broad definition give legal protection to many persons who otherwise would not be covered under the legal protective umbrella of the NJLAD. The statute states that:

Homosexuality means affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the same gender.”

The NJLAD specifically stipulates that all NJ workers have a right to employment without discrimination because of affectional or sexual orientation, sex, gender identity or expression as well as some other protected classes.


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Monday, November 15, 2021

NJ Employment Discrimination Attorney, NJ Race Discrimination Employees Can File Directly in State Court


New Jersey employees who are victims of race discrimination in their employment frequently mistakenly believe that they have to spend time first filing an administrative claim,  a complaint, with a government agency before they are allowed to file a discrimination lawsuit in Court. Not true.  While this is true if an employee or a terminated employee wants to file the discrimination lawsuit under federal law, New Jersey victims of employment race discrimination have a quicker route and may file a race discrimination lawsuit directly in New Jersey Superior Court under New Jersey’s state law without having to first file an administrative complaint with an agency. This is true for all types of employment race discrimination claims, i.e.


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Monday, November 8, 2021

NJ Employment Whistleblower Attorney, NJ Doctors and Professionals, S2455, Employee Protection in the Workplace


New Jersey, as in other states, is in short supply for educated, trained, and qualified employees in many essential professions such in the medical professions. Similar to racial status, an individual’s immigration status can no longer be used as an excuse to discriminate among equally educated, trained, and qualified persons.

Last year New Jersey Governor Phil Murphy signed legislation (S2455). This legislation prohibits lawful presence in the United States as a qualification to obtain a professional or occupational license, provided that the applicant meets all other requirements for licensure. This NJ legislation affects approximately 500,000 undocumented residents in New Jersey.


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Monday, November 1, 2021

NJ Sex Discrimination Attorney, I Am a Female Passed over for Executive Promotions


Female executives and managers are fewer in number than males in many US industries according to a government study. In management occupations in business and financial operations,  women hold just 42% of the management positions. US employers promote males to high level executive management positions in larger numbers than the females. For employment title/positions as “Chief Executives”, the gap is even larger: executives who are women hold only 31% of the title/positions as “Chief Executives”. The demographics of employees who are classified as a “General and Operations Manager” is 72% males to 28% females.


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