On June 5, 2025, the United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, clarifying the legal standards that apply in workplace “reverse discrimination” cases. The Court held that plaintif fs are not subject to a heightened burden when alleging discrimination simply because…
In many employment discrimination cases, it can be difficult to prove what really motivated a company’s decision to fire, demote, or pass over a qualified worker for a promotion. But sometimes, someone in power simply says the quiet part out loud—and when that happens, the law is clear. That was…
When your employer denies you a leave to care for a loved one, it can feel like you are being forced to choose between your job and your family. Fortunately, New Jersey law provides strong protections for employees under the New Jersey Family Leave Act (NJFLA). However, as a…
The New Jersey Division on Civil Rights recently modified its proposed regulation regarding disparate impact claims based on a comment that I submitted earlier this year. On June 3, 2024 the DCR initially proposed the new regulation to addresses disparate impact claims under the New Jersey Law Against Discrimination (“LAD”). …
In a recent unpublished decision, New Jersey’s Appellate Division make it clear that an employee does not have to have a severe or permanent impairment to have a viable disability discrimination to be protected by the New Jersey Law Against Discrimination (“LAD”). The case was filed by Bart Algozzini, who…
When you settle an employment law case, typically most or all of the money you receive will be taxable. Nonetheless, it is both common and important to discuss the tax allocation as part of the settlement negotiation, including what portion will be reported on an IRS form W-2, and what…
Today, the New Jersey Supreme Court ruled that the New Jersey Law Against Discrimination (“LAD”) prohibits non-disparagement agreements that have the impact of preventing an employee from discussing the facts of their discrimination, harassment or retaliation claim. Non-disparagement clauses are very common in settlement agreements in employment law cases. Typically,…
The United States Supreme Court recently ruled that an employee who brings a lawsuit alleging she was transferred to another position for a discriminatory reason does not have to prove the transfer caused her significant harm. Jatonya Clayborn Muldrow is a police sergeant in the St. Louis Police Department. She…
Recently, the District of New Jersey dismissed an employee’s disability discrimination and failure to accommodate disability claims, but did not dismiss her related retaliation claim. Amber Ray worked as a Project Manager/Estimator for Elecnor Hawkeye, LLC. Before she began working for Elecnor, Ms. Ray had been diagnosed with Lupus. However,…
A recent decision from the New Jersey Appellate Division affirms a trial court’s order requiring Gerber Products Company to bring a witness from Switzerland to New Jersey, at Gerber’s expense, to testify at a deposition in a discrimination lawsuit. A deposition is a formal interview under oath used to obtain…