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...
Religious Discrimination in the Workplace
Along with federal law, New Jersey law protects against discrimination based on a person’s creed, or religious beliefs, in the employment setting. Because of this, it is unlawful for an employer to treat an employee differently based on their religion. This protection against discrimination applies if you belong to a particular religious...
Jury Awards $365 Million Dollar Retaliation Verdict Against FedEx
A federal jury in Texas has awarded $1.24 million in compensatory damages and $365 million in punitive damages to a former FedEx employee. Jennifer Harris, a black woman, had worked for FedEx for over a decade and had received multiple promotions and awards. In her most recent position, she led a sales...
EEOC Issues Updated Guidance on Hearing Disabilities and the ADA
The U.S. Equal Employment Opportunity Commission (EEOC) has recently released an updated resource document regarding the rights and responsibilities of employees and job applicants with hearing disabilities under the Americans with Disabilities Act (ADA). The ADA is a federal law in the United States that prohibits discrimination against individuals with disabilities in...
If I Sue, Can My Employer Get My Cell Phone?
When an employee sues his or her employer, the employer sometimes will try to take the employee’s cell phone and inspect it for evidence. The recent case of Lipsky v. The NJ Association of Health Plans made it much more difficult for an employer to seize a phone while setting clear standards where such a...
Judge Throws out Whole Foods Case
A federal judge recently dismissed a case surrounding the firing of three former Whole Foods employees. The employees argued that they were disciplined for wearing masks that had “Black Lives Matter” written on them and alleged that this violated the Title VII of the Civil Rights Act of 1964 which prohibits
Kennedy v. Weichert Co.
The ABC Test is a standard used to determine if a worker is an employee or an independent contractor. The test consists of three parts: (A) the worker must be free from the control and direction of the hiring entity in the performance of the work, (B) the work must be performed...
Rutgers Women’s Basketball Players Accuse It of Discrimination
During the 2014-2015 season for the Rutgers-Newark University Women’s Basketball Team, five players claimed discrimination due to their race, gender, and sexual orientation from their interim head coach. The interim head coach made comments about one of the player’s hair which was “nappy” and referred to two players as “nappy-headed sisters” and also told one...