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Articles Posted in Discrimination

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Failure to Accommodate, Part 1: New Jersey Teacher Alleges Disability Discrimination Against School Board

The Resnick Law Group recently won a notable victory for New Jersey employees related to a failure to accommodate an employee’s disability. This post discusses the legal background of the case, while a subsequent post will cover the court’s opinion. The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination on…

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Appellate Division Overturns Summary Judgment in New Jersey Employment Discrimination Case Based on Appearance

The New Jersey Superior Court, Appellate Division has revived a lawsuit alleging employment discrimination on the basis of gender under state and federal laws. The plaintiffs allege that a set of “personal appearance standards” (PAS) maintained by their employer, an Atlantic City casino, discriminated on the basis of gender. They…

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Age, Disability Discrimination Lawsuit May Proceed to Trial, New Jersey Court Rules

The New Jersey Law Against Discrimination (NJLAD) bars employers from discriminating against their employees on the basis of factors like age, race, sex, and disability. This includes terminating an employee, refusing to hire a job applicant, demoting or declining to promote an employee, and many other decisions involving employment benefits…

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New Jersey Appellate Court Reinstates Lawsuit Claiming Disability Discrimination Based on Medical Marijuana Use

New Jersey is among the more than half of all U.S. states that allows the possession and use of small amounts of marijuana for medical purposes, under the supervision of a physician. Recreational use is still prohibited by state law, and federal law still prohibits possession and use for any…

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What Fitness Trackers in Workplaces in New Jersey and Around the Country Could Mean for Employees’ Rights

Technology is constantly providing new ways to help both employers and employees in New Jersey. Unfortunately, sometimes a technology that helps employers does so at employees’ expense. Our legal system can be slow to catch up with new innovations. Fitness trackers, which are devices individuals can wear to track movement…

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How the Tech Industry’s Expectation of Long Hours Might Constitute New Jersey Disability Discrimination

The technology industry is gaining prominence in New Jersey. A list of the five hundred fastest-growing tech companies from last year included sixteen New Jersey companies. A strong tech industry can bring many benefits to state and local economies, but the tech industry also has its share of problems. The…

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Bans on Employer Inquiries about Salary History Gain Traction in New Jersey and Around the Country

Wage disparity is an important—and controversial—topic in American politics. Women, on average, tend to make less than men. The same is often true for people of color as compared to White employees. Some lawmakers and officials at the local and state level are looking at ways that employers, intentionally or…

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Federal Government Considers Changes to Antidiscrimination Regulations, Which Could Affect New Jersey Employment Discrimination Claims

Federal antidiscrimination laws prohibit a wide range of acts by employers and others that have adverse effects on members of protected groups. This protection is not limited to overtly discriminatory behavior. The Civil Rights Act of 1964 also prohibits practices that have a disparate impact on protected groups, even when…

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Class Action Alleges Multistate Pattern of Age Discrimination

New Jersey employment laws prohibit discrimination in the workplace on the basis of numerous factors. The New Jersey Law Against Discrimination (NJLAD) offers protection to more categories than its federal counterpart, Title VII of the Civil Rights Act of 1964, although other federal statutes cover areas that are omitted from…

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New Jersey Legislature Adds Protections to Antidiscrimination Statute for Breastfeeding Employees

Federal and New Jersey employment statutes prohibit discrimination against employees on the basis of pregnancy, childbirth, and conditions related to either, but these legal protections have omitted some aspects of the pregnancy and childbirth process. Pregnant workers and workers who have recently given birth often need accommodations in the workplace.…

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