The New Jersey Law Against Discrimination (“LAD”) can require a condominium association to allow a resident to keep an emotional support dog as an accommodation for a disability even if the dog exceeds the association’s weight limit for pets. K.P. and B.F. live at Players Place II, a condominium complex…
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…
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…
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,…
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…
Last week, the New Jersey Supreme Court ruled that, to be enforceable, an arbitration agreement does not necessarily have to set forth the rules or procedures that will apply in arbitration or to select a forum for the arbitration. The case involved Marilyn Flanzman, who worked for Jenny Craig as…
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…
A recent opinion by New Jersey’s Appellate Division recognizes that false rumors of a sexual relationship between a female employee and a male superior can create a legally actionable hostile work environment. Jennifer Schiavone is a senior corrections officer for the New Jersey Department of Corrections (“DOC”). In 2013, the…
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…