Under the New Jersey Law Against Discrimination (“LAD”), time off can be a reasonable accommodation for a disability as long as the time off sought is reasonable. A recent decision from the District of New Jersey provides a good example of how Courts analyze this issue at the early stage…
Yesterday, the New Jersey Supreme Court ruled that a sexual assault against a student can constitute sexual harassment in violation of the New Jersey Law Against Discrimination (“LAD”). In addition to prohibiting discrimination in the workplace, the LAD also prohibits it in places of public accommodation, including public schools and…
The New Jersey Supreme Court recently ruled that religious institutions can fire an employee for failing to follow the tenets of their religions, such as a Catholic school firing an employee because she had premarital sex. Victoria Crisitello worked for the St. Theresa School as an art teacher and toddler…
A recent decision from the New Jersey Appellate Division decision recognizes that, under the right circumstances an employee can be protected by the Conscientious Employee Protection Act (“CEPA”) when she resigns because she is not willing to participate in her employer’s illegal conduct. CEPA is New Jersey’s whistleblower law, which…
Reasonable Accommodations for Pregnancy and Childbirth On June 27, 2023, a new federal employment law, the Pregnant Workers Fairness Act, went into effect. The Act prohibits employers from: Denying an employee a reasonable accommodations for pregnancy, childbirth, and related medical conditions unless the employer can show the accommodation would impose…
Last month, the United States Supreme Court made it easier for employees to prove a claim that their employer failed to accommodate an employee’s religious beliefs under Title VII of the Civil Rights Act of 1964. Gerald Groff worked for the United States Postal Service (“USPS”). Mr. Groff is an…
A recent decision by the Appellate Division recognizes that, under the right circumstance, an employee can establish an employment discrimination claim under the New Jersey Law Against Discrimination (“LAD”) after her employer was acquired by another company, even though she did not apply for a job with the acquiring business.…
Beginning on April 11, 2023, an important new employment law will go into effect pursuant to which many employees who lose their jobs in New Jersey will be legally entitled to receive severance pay. Specifically, covered employees will be entitled to at least one week of severance per year they…
Last week, the United States Supreme Court ruled that, no matter how much an employee earns per year, the primary exemptions to federal overtime pay requirement do not apply unless the employee is guaranteed to receive at least $455 per week for any week in which he or she performed…
A decision from New Jersey’s Appellate Division recognizes that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), can apply to employees who work in other states. Stephanie Halliday worked for Bioreference Laboratories, Inc., a company that provides diagnostic testing and related services. Bioreference’s headquarters is in Elmwood Park,…