Last month, the Third Circuit Court of Appeals recognized that an employee does not need to have any evidence of discrimination before she can present her case to a jury. The Third Circuit is the federal court that handles appeals from New Jersey, Pennsylvania, Delaware and the Virgin Islands. The…
A federal judge in New Jersey recently dismissed an employee’s discrimination lawsuit on the basis that the New Jersey Law Against Discrimination (NJLAD) does not apply to New Jersey residents who work outside of New Jersey. The employee, Blaise A. McGovern, is a resident of New Jersey. He worked for…
Last month, New Jersey’s Appellate Division reversed a verdict of over one million dollars in a disability discrimination and retaliation case because the only evidence supporting the claim was inadmissible hearsay. Hearsay is basically when you try to prove something is true based on the fact that someone else said…
Last week I discussed Colicchio v. Merck & Co., Inc., a case involving an employee who claims her employer Justified Eliminating Her Job by Reducing Her Job Duties After Her Maternity Leave. The employee in that case, Kerri Colicchio, also claims her employer failed to promote her because of her…
A New Jersey judge recently issued a noteworthy decision in a gender and pregnancy discrimination case, Colicchio v. Merck & Co., Inc. The fact scenario is fairly common. Kerri Colicchio worked for Merck & Co., Inc. for approximately a decade. She alleges the company passed her over for a promotion…
Last month, a federal judge in New Jersey allowed a group of employees to proceed with their class action age discrimination lawsuit even though they do not claim the company hired younger employees to replace them. In Bratek v. TD Bank, NA, four customer service representatives, Edna Bratek, Diane Deluca,…
The Third Circuit Court of Appeals recently ruled that the United States Equal Employment Opportunity Commission (EEOC) is entitled to subpoena a broad range of information during its investigations into possible violations of the Americans with Disabilities Act (ADA). The Third Circuit is a federal appellate court that handles cases…
Late last month, New Jersey amended its Equal Pay Act to require larger companies to tell employees they have the right to be free from sex discrimination with respect to their pay. The New Jersey Equal Pay Act prohibits discrimination based on sex regarding salary, benefits, and other compensation. Employees…
A federal judge in New Jersey recently ruled that employees can sue the Port Authority of NY & NJ under the New Jersey Law Against Discrimination (“LAD”). The decision is noteworthy because previous cases have ruled that the Port Authority cannot be sued under state employment laws. The LAD is…
On July 27, 2012, a federal judge in New Jersey ruled that submitting an intake questionnaire was enough for an employee to file a discrimination claim with the United States Equal Employment Opportunity Commission (EEOC). The case was filed by Theresa Walker-Robinson, a branch manager for JP Morgan Chase Bank…