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Discrimination

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.


Read more . . .


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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Sunday, February 15, 2015

African American History Month: Unsung Hero African American Jessie James Williams Survived both Race and Age Discrimination

African American Jessie James Williams grew up in a small town in Arkansas, where water fountains in the town said "white only".  He was later fired in Las Vegas after working for the same employer, a waste collection company, for  31 years.


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Thursday, February 5, 2015

Employees in Their 40's Worry about Looking Too Old and Fear Firing Due to Employer’s Age Bias

A person should not need botox treatments to keep their job. Yet persons may feel the intense pressure by their employers to look young or risk being terminated. Women and men in their 40's sometimes resort to plastic surgery but it may not make any difference to the employer who wants only youth in the workforce.


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Thursday, January 29, 2015

Age Discrimination in Employment Law Claims are on the Rise

Despite numerous laws prohibiting age discrimination in employment, claims for unlawful termination based on age discrimination are still being filed throughout the country, and a greater number are being filed every year. Age discrimination is a particularly insidious form of discrimination because older workers may experience further discrimination when they apply for new comparable work. Persons terminated because of their age may suffer the most as a result. It is a double whammy, even when the results of a age discrimination termination lawsuit are successful for the Plaintiff.The problem is exacerbated due to age itself being the discriminatory factor.


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Thursday, April 11, 2013

Housing Discrimination Based on Race and Disabilities Still Persists

Several recent housing discrimination cases, one which settled in March 2013 and another decided December 2012, demonstrate that discrimination in housing still exists despite implementation of fair housing laws.

In addition to federal laws which prohibit discrimination in housing, The New Jersey Law Against Discrimination, N.J.S.A.


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Monday, March 4, 2013

Bill Supporting Goals and Ideals of National Black HIV/AIDS Awareness Day

A bill to Support the Goals and Ideals of National Black HIV/AIDS Awareness Day was introduced in the House of Representatives on Feb. 6, 2013. 

The first annual National Black HIV/AIDS Awareness Day was organized on February 23, 2001., February 7th  of each year is now recognized as National Black HIV/AIDS Awareness Day.
 
Congresswoman Barbara Lee (D-CA) introduced

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Sunday, February 24, 2013

HIV/AIDS discrimination still occurs in employment, housing and educational institutions

The Unites States Department of Justice Department settled with a school for discrimination against child who has HIV. The United States Department of Justice brought a suit against Milton Hershey School of Hershey, Pa., in 2011. The suit alleged  that the Milton Hershey School  violated the Americans with Disabilities Act by the school’s refusal  to consider a child for enrollment due to the fact that the child has HIV.

The  federal lawsuit was filed in November 2011, Civil Action No.

Read more . . .


Thursday, February 7, 2013

EEOC finding of employment race discrimination in nationwide clothing retailer for young women

Some people think that the days of race discrimination in employment are over. This is not true as is evidenced in part by a finding by The Equal Employment Opportunity Commission which found blatant race discrimination at a nationwide clothing retailer that is geared for young women. The Equal Employment Opportunity Commission issued a statement that the nationwide retailer, Wet Seal, illegally discriminated against a former store manager who is African- American solely because of her race. One of Wet Seal’s  executives visited the King of Prussia, Pa. store and later complained in a memo about too many black employees at the manager’s store in Pennsylvania.


Read more . . .


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