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Articles Posted in Discrimination

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Rutgers Women’s Basketball Players Win Appeal in Discrimination Lawsuit

A recent ruling from New Jersey’s Appellate Division allows members of the Rutger’s women’s basketball team to continue with their lawsuit under the New Jersey Law Against Discrimination (“LAD”). Sharee Gordon, Adayshia McKinnon, Jade Howard, Arianna Williams and Sarah Schwartz were students at Rutgers-Newark University and members of the women’s…

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Non-Disparagement Clauses Do Not Violate New Jersey Law Against Discrimination

Last week, in Savage v. Township of Neptune, the Appellate Division ruled that a 2019 amendment to the New Jersey Law Against Discrimination (“LAD”) does not prohibit parties from entering into non-disparagement clauses. The Appellate Division’s opinion involved Christine Savage, a Sergeant for the Township of Neptune Police Department.  Sgt.…

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When Can an Employer Require a Fitness for Duty Exam?

As a New Jersey employment lawyer, I have had numerous clients tell me their employer has asked or required them to undergo a fitness-for-duty examination.  However, anti-discrimination laws limit when an employer has the right to send an employee to a medical exam. Protection Under Anti-Discrimination Laws The Americans with…

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Requiring Employee to Seek Another Job is an Adverse Employment Action

A recent case recognizes that an employer’s decision to remove an employee from her job and give her an opportunity to search for another position within the company is an adverse employment action.  In other words, if it is done for a discriminatory reason, doing so can violate the New…

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NYC Job Ads Soon Must Specify Salary Ranges

Starting soon, most job advertisements in New York City will be required to list the salary range for the job. More specifically, the failure to include salary range information in a job posting will be unlawful discrimination in violation of the New York City Human Rights Law (“NYCHRL”).  To comply…

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Employers Can be Liable for Employment Decision Tainted by Subordinate’s Discrimination

The New Jersey Supreme Court recently recognized that an employer can be held liable for discrimination in violation of the New Jersey Law Against Discrimination (“LAD”) based on an employment decision that was influenced by a subordinate’s discriminatory animus, whether or not the subordinate intended to get the employee fired.…

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New Jersey Requires Hiring Preferences for Employees Terminated Due to Workplace Injury

New Hiring Preference A recent amendment to the New Jersey Workers’ Compensation statute now requires many employers to give a hiring preference to employees who lose their jobs as a result of a workplace injury. More specifically, the worker’s compensation statute now requires employers to provide a “hiring preference” to employees…

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New Jersey Law Amended to Increase Protection Against Age Discrimination

Older worked forced to retire New Jersey has an extremely broad anti-discrimination law, the New Jersey Law Against Discrimination (“LAD”).  The LAD became even broader last Tuesday, October 5, 2021, when Governor Phil Murphy signed into law a new amendment that increases the statute’s protections against age discrimination by removing…

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New Jersey Law Against Discrimination Permits Punitive Damages Against State and the Local Government

Earlier this month, in Pritchett v. State, the New Jersey Supreme Court confirmed that the state of New Jersey and municipalities remain subject to punitive damages under the New Jersey Law Against Discrimination (“LAD”). Shelley Pritchett worked for the State of New Jersey as a Senior Corrections Officer at the…

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Lack of Evidence of Alleged Corporate Restructuring Can Prove Discrimination

A recent decision from the District of New Jersey concludes that, when an employer claims it fired an employee as part of a corporate restructuring, but has no documents to prove there was a restructuring, can be enough to prove age discrimination in violation of New Jersey law. In 2014,…

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