Earlier this month, the United States Supreme Court ruled that the First Amendment’s freedom of religion clause bars employees who work for religious institutions from bringing any employment discrimination claims against their employers if their jobs include performing “vital religious duties.” The decision stems from lawsuits filed by two elementary…
A recent United States Supreme Court opinion, Bostock v. Clayton County, Georgia, rightfully received a lot of attention because it recognizes that federal law prohibits employers from discriminating against employees based on their sexual orientation. Although New Jersey and New York law both expressly prohibit sexual orientation discrimination, Title VII…
Our New Jersey employment lawyers understand that times are extremely difficult for pretty much everyone right now. But, fortunately, you still have significant rights in the workplace. Being sheltered in place or quarantined and having to engage in social distancing have become the new normal. The economy has taken an…
Today, in Wild v. Carriage Funeral Holdings, Inc., the New Jersey Supreme Court ruled that employers cannot discriminate against employees for using prescribed medical marijuana while off-duty. Rather, doing so constitutes disability discrimination in violation of the New Jersey Law Against Discrimination (“LAD”). The New Jersey Supreme Court affirms a…
The New Jersey Pregnant Workers Fairness Act Last month, New Jersey’s Appellate Division analyzed the New Jersey Pregnant Workers Fairness Act (“PWFA”). The PWFA is an amendment to the New Jersey Law Against Discrimination (“LAD”) that prohibits pregnancy discrimination in the workplace. Among other things, the PWFA requires employers to…
Earlier this month, the United States Supreme Court ruled that filing a Charge of Discrimination is not required for a court to have jurisdiction over a lawsuit under Title VII of the Civil of Rights Act of 1964. Title VII is a federal law that prohibits discrimination based on race,…
A recent decision by New Jersey’s Appellate Division recognizes that, under the doctrine of apparent authority, a company’s attorney can bind it to a settlement whether or not the employer actually authorized him to settle the case. Jesus Gonzalez filed an employment discrimination lawsuit against his former employer, Electronic Integration…
A recent decision by New Jersey’s Appellate Division demonstrates that under the right circumstances an employee can prove disability discrimination from the fact that her employer fired her shortly after she had surgery. Ada Caballero worked for Cablevision Systems Corporation for 15 years. In 2013, she was divorced. A few…
A recent decision by the Third Circuit Court of Appeals helps clarify who is a “similarly situated” employee in discrimination cases under the New Jersey Law Against Discrimination (“LAD”). This is important since one way to prove discrimination is by showing the employer treated other similarly situated employees more favorably…
A recent decision by New Jersey’s Appellate Division recognizes that an employer can violate the New Jersey Law Against Discrimination (“LAD”) if it discriminates against a disabled employee because he uses medically prescribed marijuana to treat a disability outside of the workplace. Justin Wild worked as a licensed funeral director…