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Court Analyzes Prospective Tenant’s Sexual Harassment Claim

In a recent ruling, New Jersey’s Appellate Division recognized that the same basic legal principles that apply to sexual harassment claims in employment under the New Jersey Law Against Discrimination (“LAD”) also apply to sexual harassment claims involving housing discrimination under the LAD.  The LAD is a law that prohibits…

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Sexual Assault of Student Can be Sexual Harassment in Violation of New Jersey Law Against Discrimination

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…

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When Are Employers Liable for Harassment Toward Customers?

A new ruling from the Appellate Division addresses when an employer can be liable for unlawful harassment by one of its employees toward a customer or patron. The case was brought by Darien Cooper, who is gay.  Mr. Cooper received a massage at Rogo Brothers, Inc., which does business under…

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Rutgers Women’s Basketball Players Win Appeal in Discrimination Lawsuit

A recent ruling from New Jersey’s Appellate Division allows members of the Rutger’s women’s basketball team to continue with their lawsuit under the New Jersey Law Against Discrimination (“LAD”). Sharee Gordon, Adayshia McKinnon, Jade Howard, Arianna Williams and Sarah Schwartz were students at Rutgers-Newark University and members of the women’s…

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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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Sexual Harassment Lawsuit Reinstated by New Jersey Appellate Court

One potential defense an employer has in a sexual harassment case is that the employee unreasonably failed to make use of the employer’s anti-harassment policy.  A recent New Jersey Appellate Division opinion highlights the fact that this defense does not apply if the harassment led to an adverse employment action,…

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Two Racial Slurs Enough to Create Hostile Work Environment

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…

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Court Finds Bullying Could Violate Employee Handbook

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…

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Single Racist Remark Can Be Actionable Harassment

The Third Circuit Court of Appeals recently recognized that a supervisor’s single use of a racial epithet can be enough, on its own, to create a hostile work environment under federal law.  This is consistent with longstanding president under both the New Jersey Law Against Discrimination and the New York…

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