Yesterday, a unanimous New Jersey Supreme Court ruled that two racially offensive slurs uttered by a supervisor can be enough to create a hostile work environment in violation of the New Jersey Law Against Discrimination (“LAD”). Armando Rios, Jr. is Hispanic. He worked for Meda Pharmaceutical, Inc. as its Director…
Under New Jersey law it is unlawful for an employer to harass an employee because she belongs to a legally-protected category, such as because of her gender, age, race or disability. But the law does not necessarily prohibit a boss from bullying or indiscriminately harassing other employees. Nonetheless, earlier this…
In a recent unpublished opinion, New Jersey’s Appellate Division ruled that a jury should have the opportunity to decide whether the Jersey City Police Department harassed an individual, Mr. Holmes, because he is transgender, in violation of the New Jersey Law Against Discrimination (“LAD”). Mr. Holmes was arrested by members…
New Jersey’s Appellate Division recently ruled that the New Jersey Law Against Discrimination (“LAD”) protects employees who are harassed because of the race of their spouses, fiancés, or children. Shi-Juan Lin, who is Chinese, worked for Dane Construction Company. Ms. Lin’s is engaged to a man who is black and…
Last week, I discussed a case in which New Jersey’s Appellate Division ruled a Jury Must Decide Whether Workers Are Employees or Independent Contractors Under New Jersey Law Against Discrimination. The same case also concludes that supervisors can be held personally liable under the New Jersey Law Against Discrimination (“LAD”)…
Last week, I discussed Mandel v. M&Q Packaging Corp., a case which recognizes that an employee who sent sexual emails at work still can pursue a sexual harassment claim. Mandel also addresses when an employee can use evidence that someone else experienced harassment to prove her own harassment claim. In…
When an employee complains about discrimination or harassment at work, his employer generally has an obligation to investigate. It is common for employers to require employees involved in an internal investigation to keep all information about the investigation confidential. In some cases, this is meant to protect the privacy of…
On July 28, 2010, New Jersey’s Appellate Division ruled that a former employee of the Atlantic City Board of Education could proceed with his lawsuit. Even though the decision in Clarke v. Atlantic City Board of Education is not a legally binding precedent, it is noteworthy because it recognizes that…
New York City’s Broad Definition of Harassment Earlier this year, the New York Supreme Court’s Appellate Division interpreted the New York City Human Rights Law (NYCHRL) much more broadly than courts have interpreted New York State and federal employment laws prohibiting discrimination, harassment and retaliation. Under state and federal anti-discrimination…
On January 26, 2009, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits retaliation against employees who speak out about harassment while answering questions as part of a company’s internal harassment investigation. The case, Crawford v. Metropolitan Government of Nashville…