New Jersey employment laws protect workers’ rights in multiple areas, including wages and hours of work, discrimination and harassment, and retaliation for reporting suspected wrongdoing by an employer. Many of these laws apply specifically to “employees,” but no single definition of “employee” exists. Some statutes only cover paid employees, while…
Articles Posted in Discrimination
What Does New Jersey Retaliation Law Say About Firing Someone for Political Beliefs or Activities?
Federal and state anti-discrimination laws protect workers against discriminatory employment practices based on numerous factors. The New Jersey Law Against Discrimination (NJLAD) identifies more protected categories than the equivalent federal statute, Title VII of the Civil Rights Act of 1964. Several recent news stories have involved employers who terminated workers…
Plaintiff in New Jersey Whistleblower Lawsuit Alleges Retaliation, Wrongful Termination
Employees of private companies owe a duty of loyalty to their employers, meaning that they may not act in a way that directly damages or conflicts with an employer’s interests. Employers are often within their rights to terminate an employee who breaches this duty. At the same time, however, employees…
Third Circuit Rules that a Single Incident Can Sustain a Workplace Harassment Claim
Federal law prohibits discrimination by employers on the basis of numerous factors. Common examples of unlawful discrimination include refusal to hire, termination, or harassment in the workplace because of a claimant’s race, sex, religion, etc. The Third Circuit Court of Appeals, whose jurisdiction includes New Jersey employment discrimination claims under…
Jury Awards $11.8 Million to Former Employee in New Jersey Disability Discrimination Case
New Jersey employees are protected against discrimination under federal and state laws, as well as municipal anti-discrimination ordinances in many cities around the state. The New Jersey Law Against Discrimination (NJLAD) covers a broad range of protected categories, including disability. In addition to prohibiting discrimination based on an employee’s disability,…
How Medical Marijuana Is Affecting Employment Discrimination Laws in New Jersey and Around the Country
More than half of the states in the U.S., including New Jersey, allow the use of marijuana for certain medical purposes with a doctor’s prescription, but it remains a strictly controlled substance under federal law. This has raised questions about the rights of an employee who uses marijuana in accordance…
New York City Bans Employers from Asking About Salary History
The wage gap between men and women has received considerable media attention recently, and new legislation is attempting to improve conditions. Federal law prohibits disparate pay based on gender, but it leaves several loopholes. A new law in New York City is intended to close one of these loopholes by…
New Jersey Law Against Discrimination Protects Divorcing Employees, According to State Supreme Court
The New Jersey Law Against Discrimination (NJLAD) protects employees from discrimination based on a wide range of factors, including marital status. Courts have generally held that this means employers cannot discriminate against an employee solely because that employee is unmarried, married, divorced, or separated. Last year, the New Jersey Supreme…
Definition of “Nation” Might Be at Issue in New Jersey National Origin Discrimination Lawsuit
A New Jersey teacher’s lawsuit for alleged national origin discrimination took an unusual turn in a recent court hearing, according to media reports. The plaintiff alleges that she was subjected to disparate treatment and retaliation because of her Palestinian heritage. Hashem v. Hunterdon Cty., et al., No. 3:15-cv-08585, 2d am.…
Do Employees Who Join National Strikes Have Legal Protection Against Getting Fired?
The past few months have seen numerous high-profile protests around the country, both in opposition to and support of the new administration in the White House. At least two major protests have called for nationwide strikes or walkouts. In February 2017, A Day Without Immigrants called attention to the significant…