On August 13, 2008, in Kwiatkowski v. Merrill Lynch, New Jersey’s Appellate Division ruled that a single anti-gay comment can create a hostile work environment in violation of the New Jersey Law Against Discrimination (“LAD”). In particular, the court ruled that a jury could find that an employee had been…
Today, President George W. Bush signed the ADA Amendments Act of 2008 into law. As previously discussed, the Act restores the original intent of the Americans with Disabilities Act of 1990 (the ADA), and is intended to increase protection for disabled employees from discrimination. Among other things, it substantially expands…
On September 11, 2008, the Senate unanimously voted in favor of the ADA Amendments Act of 2008. If it were to become law, the Act would “restore the intent and protections of the Americans with Disabilities Act of 1990” (the ADA) by protecting many more disabled individuals from discrimination. The…
Employee Rights Laws Part 3: Overview of New Jersey Employment Law Statutes In most states, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will is the general principal that…
Employee Rights Laws Part 1: Overview of Federal Anti-Discrimination Employment Laws In most states, including New York and New Jersey, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will…
Supreme Court Rules Employer Has Burden to Prove Adverse Employment Action Based on Reasonable Factors Other Than Age The Age Discrimination in Employment Act of 1967, 29 U.S.C. 621, et seq. (“ADEA”), is a federal law that prohibits discrimination in employment because of age. On June 19, 2008, the United…
House of Representatives Approves Amendments to Restore the Americans With Disabilities Act to Protect Disabled Employees From Discrimination. On June 25, 2008, the United States House of Representatives approved an amendment to the Americans with Disabilities Act of 1990 (“ADA”) by a vote of 402 to 17. The ADA is…
On May 28, 2008, the New Jersey Supreme Court made an important ruling that helps to clarify when a supervisor or manager can be held legally responsible for his or her participation in discrimination and harassment under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (“LAD”). The…
On May 30, 2008, in the case of Doe v. C.A.R.S. Protection Plus, Inc, the United States Court of Appeals for the Third Circuit ruled that Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. 2000e, et seq. (“Title VII”) protects a woman from discrimination because she had…
On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (GINA”) of 2008. The statute had previously passed the Senate unanimously and the House by a 414 to 1 vote. Upon the President signing it, GINA went into effect immediately. The Genetic Information Nondiscrimination Act prohibits discrimination on…