A lawsuit pending in a New Jersey Superior Court seeks review of a township’s decision to dock the plaintiff’s pay by 60 hours, resulting in a loss of about $3,500. O’Hare v. Township of Morris, et al., No. L-000710-16, complaint (N.J. Super. Ct., Morris Co., Mar. 24, 2016). The plaintiff,…
Articles Posted in Civil Rights
New Jersey Lawsuits Allege Discrimination for Flu Shot Refusals
Winter and spring are “flu season” throughout the U.S. and much of the world, and millions of people obtain flu vaccine shots in order to obtain some protection against the disease. Influenza, or the “flu,” can be a very serious disease. The health care industry has required employees to obtain…
New Jersey Appellate Court Rules on Enforceability of Employee Arbitration Agreements
Arbitration clauses, by which the parties to a contract agree to submit disputes to an arbitrator or arbitration panel before filing suit, or in lieu of litigation entirely, are becoming increasingly common in both consumer and employment contracts. Arbitration is a form of alternative dispute resolution (ADR) that has some…
The Americans with Disabilities Act, Which Protects New Jersey Workers Against Employment Discrimination, Turns 25
The Equal Employment Opportunity Commission (EEOC) recently celebrated the 25th anniversary of the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101 et seq. The ADA helps ensure that people with disabilities have access to public buildings, public transportation, and private businesses considered “public accommodations.” It also protects…
Supreme Court Sides with Job Applicant in Religious Discrimination Claim
The U.S. Supreme Court ruled in favor of a woman who claimed that a clothing retailer violated Title VII of the Civil Rights Act of 1964 when it turned down her job application. She specifically alleged that the retailer discriminated against her because she wore a headscarf as part of…
Lawsuit Claims Gender Identity Discrimination under Title VII
A transgender woman’s sex discrimination lawsuit examined the extent of protection, if any, offered for gender identity by federal anti-discrimination law. Jamal v. Saks & Company, No. 4:14-cv-02782, complaint (S.D. Tex., Sep. 30, 2014). Issues relating to transgender persons, generally defined as someone who identifies with a different gender than…
Federal Court Allows Police Whistleblower’s Lawsuit Against City Officials to Proceed
A federal judge denied a motion to dismiss a police officer’s lawsuit against a Pennsylvania borough and multiple borough officials for alleged retaliation and civil rights violations. The plaintiff alleged retaliation for reporting fraud by the former police chief to state authorities. Beatty v. Ohioville Borough, et al, No. 2:14-cv-00067,…
U.S. Supreme Court Rules in Former Public Employee’s Favor in Whistleblower Retaliation Case
A community college violated a program director’s First Amendment rights, the U.S. Supreme Court ruled, when it fired him after he testified during an investigation of corruption in the program. Lane v. Franks, et al, 573 U.S. ___, No. 13-483, slip op. (Jun. 19, 2014). The court held that the…
Question of Whether Employers Can Fire Employees for Lawful Marijuana Use to Go Before Colorado Supreme Court
An employee who relied on medical marijuana for debilitating pain lost his job after failing a drug test, and his case has raised the difficult question of whether moves towards marijuana decriminalization have changed the legal standards in cases of termination for marijuana use. The employee alleged that the employer…
New Jersey Law Protects Workers from Discrimination Prohibited by Proposed Federal Employment Non-Discrimination Act
The United States Senate has passed a bill designed to protect gay, lesbian, bisexual, and transgender workers across the country from discrimination. The Employment Non-Discrimination Act would prohibit employers with at least 15 workers from engaging in discrimination against an employee based upon his or her sexual orientation or gender…