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Articles Posted in Employment Discrimination

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Equal Pay Law Takes Effect in New Jersey

A new law, entitled the Diane B. Allen Equal Pay Act (DAEPA), went into effect in New Jersey on July 1, 2018. Described by the media as “the strongest equal pay law in America,” the law amends the New Jersey Law Against Discrimination (NJLAD) to address disparities in pay based…

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Lawsuit Alleges Wrongful Termination for Making a Rude Gesture Toward a Government Official

The U.S. Constitution limits the government’s ability to infringe on a range of rights, including the First Amendment right to free speech. In the context of New Jersey employment matters, this usually places far more limits on public employers than private employers. As a general rule, a private employer does…

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Bill Pending in New Jersey Legislature Would Protect Employment of Medical Marijuana Patients

New Jersey is among the majority of the states in the U.S. in allowing, under the supervision of a doctor, the possession and use of marijuana for medical purposes. The New Jersey Compassionate Use Medical Marijuana Act (CUMA), N.J. Rev. Stat. § 24:6I-1 et seq., enacted in 2009, defines permissible…

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After a New Jersey Lawsuit Addressed Wage Claims by NFL Cheerleaders, a New Complaint Alleges Gender Discrimination

Professional football presents multiple legal issues related to employment. New Jersey officially has no team in the National Football League. That said, both of the New York-based NFL teams, the Giants and the Jets, have used stadiums in Northern New Jersey as their home fields since the early 1980s. Issues…

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Sex Stereotyping Could Lead to Discrimination Against High-Achieving Female Job Applicants in New Jersey

New Jersey gender discrimination statutes protect workers from discrimination on the basis of sex or gender. An important feature of many types of sex discrimination is “sex stereotyping,” meaning the use of stereotypes commonly associated with one gender to assess an employee’s performance or a job applicant’s suitability for a…

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Workers Claim Disability Discrimination Based on Sleep Apnea

Employment laws in New Jersey prohibit discrimination based on disability. Most employment statutes include an exception for situations in which a particular individual’s specific disability prevents them from performing the ordinary duties of a particular job, even with reasonable accommodations by the employer. Several recent lawsuits claiming disability discrimination based…

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NLRB Reverses ALJ Ruling in Sex Discrimination Case

The National Labor Relations Act (NLRA) regulates numerous interactions related to to labor organizing. It allows employees to assert New Jersey sex discrimination claims against both employers and unions for unfair labor practices. Labor unions’ obligations under the NLRA include a duty of fair representation. A recent decision by the…

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ADA Prohibits Discrimination by New Jersey Employers Because of Disability and Requires Them to Make Reasonable Accommodations

Federal and state laws in New Jersey protect the rights of people with disabilities to have fair access to employment and to accommodations in the workplace that allow them to do their jobs. The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of a disability and…

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New Law Will Require Dialogue Between New York City Employers and Employees Regarding Reasonable Accommodations

Federal and state laws protect New Jersey employees against discrimination on the basis of disability and other factors. The federal Americans with Disabilities Act (ADA) of 1990 prohibits discrimination and requires employers to provide “reasonable accommodations” for employees with disabilities. One area of ongoing dispute in employment law involves whether…

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New York City Lawsuit Alleges Race Discrimination in Violation of Federal Employment Law

In New York City and New Jersey, employment laws prohibit discrimination on the basis of race and multiple other factors. Race discrimination in employment remains a serious problem all over the country, despite advances in the past 50 years. Some organizations, which were once quite open about their willingness to…

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