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,…
The New Jersey Law Against Discrimination (“LAD”) requires employers to provide reasonable accommodations to disabled employees to permit them to be able to continue to perform their jobs. Ordinarily, an employee who brings a discrimination case under the LAD has to prove the discrimination led to an adverse employment action…
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…
Last month, New Jersey amended its Family Leave Act to expand the protections it offers to employees in several key ways. The Family Leave Act is a law that entitles covered employees to take up to 12 weeks off from work over a 24 month period to care for a…
Yesterday, Governor Phil Murphy signed into law a very important amendment to the New Jersey Law Against Discrimination (“LAD”). Employees Cannot Waive Anti-Discrimination Rights in Advance Under the amendment, any provision in an employment contract that requires employees to waive in advance any “substantive or procedural right or remedy relating…
A recent unpublished opinion from the New Jersey Appellate Division holds that employees cannot waive in advance their right to recover punitive damages under the New Jersey Law Against Discrimination (“LAD”). Milagros Roman worked for Bergen Logistics LLC as a human resources generalist. She claims that her immediate boss, Human…
In a recent opinion, a federal judge ruled that nine retired Jersey City Police Sergeants who prevailed in their employment discrimination and retaliation lawsuits should have their economic damages awards increased to offset the negative tax consequences of receiving a lump sum payment rather than receiving higher salaries and pensions…