The majority of workers in New Jersey are at-will employees. These are employees that are not subject to an employment contract nor are they members of a union. At-will employees can, for the most part, be terminated from employment at any time and for pretty much any reason. They are also able...
What the Jake Honig Compassionate Use Medical Cannabis Act Means for Employers
Cannabis is a real hot topic in the law these days. There are states proposing legislation to legalize medical cannabis. Others are proposing to legalize recreational cannabis. Among all of these proposed laws, there are employment laws trying to catch up with them. For instance, medical cannabis may be legal in a...
Discrimination in Hiring Unemployed Job Applicants
Sometimes, for a variety of reasons, a person will experience a gap in employment. Being unemployed and looking for a job can be a stressful situation. The last thing you need in your search for gainful employment is to worry about the role your current unemployment could impact your chances of being...
Shifting the Burden of Proof in New Jersey Discrimination Claims
Employees harmed by discriminatory employment practices can make claims under New Jersey law seeking redress for the harm they have suffered. This may include reinstatement of a job position, back pay, attorneys fees, and more. Bringing a discrimination claim in New Jersey, however, can be difficult and complex. Here, we will go...
Workplace Age Discrimination and Available Remedies
Age discrimination occurs in the employment context when an employee or job applicant faces adverse employment action due to the fact that they are either older or younger than others. The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating on the basis of age, but there are some exceptions....
New Jersey’s Sexual Harassment Training Requirements
Sexual harassment is a pervasive and seemingly unrelenting problem in the workplace. Workers have the right to be free of such harmful behavior, but the behavior persists, nonetheless. It can take many forms. Sometimes it is quid pro quo harassment where sexual demands are made by an employer in exchange for...
Groff v. DeJoy
In 1977, the United States Supreme Court decided Trans World Airlines v. Hardison to interpret Title VII of the Civil Rights Act of 1964 regarding an employer’s obligation to accommodate an employee’s religious beliefs. That decision balanced the obligation to accommodate the belief against an undue hardship imposed on the employer.
Is Sexual Assault on a School Bus Gender Discrimination Under the New Jersey Law Against Discrimination?
The New Jersey Law Against Discrimination (LAD) prohibits discrimination and bias-based harassment directed towards many protected classes, including gender, that occurs in employment, housing, and places of public accommodation. C.V. v. Waterford Township Board of Education considered a minor’s allegations of being sexually assaulted by a bus aide while being transported to and...
Statute of Limitations on Sexual Harassment Claims
Civil law provides those injured by the actions of others to bring claims seeking compensation and other remedies to help right the wrongs that have been perpetrated against them. In the world of employment law, for instance, a victim of sexual harassment in the workplace can seek certain remedies pursuant to...
Can a Private Religious School Fire a Female Teacher for Being Pregnant Before Getting Married?
The New Jersey Law Against Discrimination protects employees from discrimination in the workplace which includes wrongful termination due to being within a protected class, such as sex, marital status, or pregnancy. In the case of Victoria Crisitello v.St.Theresa School, a Catholic elementary school arts teacher was a part of a protected...