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Articles Posted in Discrimination

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Non-Disparagement Clauses Do Not Violate New Jersey Law Against Discrimination

Last week, in Savage v. Township of Neptune, the Appellate Division ruled that a 2019 amendment to the New Jersey Law Against Discrimination (“LAD”) does not prohibit parties from entering into non-disparagement clauses. The Appellate Division’s opinion involved Christine Savage, a Sergeant for the Township of Neptune Police Department.  Sgt.…

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Pregnant Workers Fairness Act Explained by New Jersey Supreme Court

Last month, the New Jersey Supreme Court addressed the New Jersey Pregnant Workers Fairness Act (“PWFA”) for the first time.  The PWFA is an amendment to the New Jersey Law Against Discrimination (“LAD”) that prohibits pregnancy discrimination. Kathleen Delanoy is a police officer.  She filed a lawsuit in which she…

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Supreme Court Expands Religious Employers’ First Amendment Defense to Discrimination Claims

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…

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Discrimination and Retaliation Claims During the COVID-19 Pandemic

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…

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New Jersey Law Prohibits Discrimination for Prescribed Off-Duty Medical Marijuana Use

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…

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Trial Lawyer Has Apparent Authority to Settle Discrimination Case

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…

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Are Telecommuters Protected by the New Jersey Law Against Discrimination?

The New Jersey Law Against Discrimination (“LAD”) prohibits discrimination in the workplace.  But does it protect employees who work for New Jersey companies remotely, such as telecommuters?  A recent ruling by New Jersey’s Appellate Division makes it clear that an employee does not have to physically live or work in…

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New Jersey Law Against Discrimination Protects Breastfeeding

Last week, the New Jersey Law Against Discrimination (“LAD”) was expanded to prohibit discrimination and harassment on the basis of breastfeeding and to require employers to provide certain reasonable accommodations for nursing. The LAD is New Jersey’s anti-discrimination law.  It prohibits discrimination and harassment based on age, color, disability, gender…

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New Jersey Law Against Discrimination Provides Additional Protection to Military Reserves

On August 8, 2017, Governor Chris Christie signed into law an amendment to the New Jersey law Against Discrimination (“LAD”) that provides additional protection to members of the United States military.  The amendment went into effect immediately. Prior to the amendment, the LAD included “liability for service in the Armed…

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New Jersey Supreme Court Clarifies How to Prove Disability Discrimination

Earlier this week, the New Jersey Supreme Court clarified how to determine whether an employer fired an employee because of a disability in violation of the New Jersey Law Against Discrimination (“LAD”). Maryanne Grande, RN, worked for Saint Clare’s Health System for approximately 10 years.  During that time she suffered…

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