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New Jersey Employment Lawyer Blog

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Supreme Court Rules it is Unlawful to Retaliate Against Employee For Harassment Complaint During Investigation

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…

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New Jersey Supreme Court Expands Claim of Wrongful Discharge in Violation of Public Policy

On December 16, 2008, in the case of Tartaglia v. UBS PaineWebber, the New Jersey Supreme Court expanded the scope of the claim of wrongful discharge in violation of public policy. Before explaining the significance of the Tartaglia decision, it is important to understand the claim of wrongful discharge in…

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New Guidelines Under New York’s Employee Blood Donation Leave Law

The New York Department of Labor recently issued guidelines for employee blood donation leave under New York State Labor Law Section 202-j. That law, which went to effect late last year, requires companies with twenty or more employees to allow employees to take time off to donate blood. Those companies…

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New Jersey Employees Can Prove Discrimination Even If Decisionmaker Had No Discriminatory Animus

The New Jersey Appellate Division recently ruled that it is possible for an employee to prove he was fired for a discriminatory reason even if the person who made the ultimate decision to fire him did not have any discriminatory animus. Specifically, that can happen if the employee’s supervisor did…

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Single Anti-Gay Comment Can Create a Hostile Work Environment

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…

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