Unlawful sex discrimination takes many forms in New Jersey workplaces. Overt discrimination, such as when an employer directly states an intention not to hire individuals of one gender, might not be as common as it once was, if only because it is less socially acceptable in the 21st century. It…
The New Jersey Law Against Discrimination (NJLAD) bars employers from discriminating against employees and job applicants on the basis of many different factors. Despite these protections, ongoing inequalities continue to create disadvantages for many people. The use of salary history is one way that employers might — even unintentionally —…
Two federal laws, the Americans with Disabilities Act (ADA) of 1990 and the Genetic Information Nondiscrimination Act (GINA) of 2008, protect employees from discrimination on the basis of disability. Part of this protection involves prohibiting inquiries into employees’ medical histories that are not specifically related to those employees’ jobs. The…
Unwelcome sexual remarks in the workplace can violate employment statutes in New Jersey that prohibit discrimination on the basis of sex. This kind of conduct becomes unlawful sexual harassment when it is so severe or pervasive that an objective observer would find it to be a hostile work environment. An…
Employment laws in New Jersey and around the country protect workers from discrimination by their employers on the basis of disability. Both state and federal law define “disability” broadly to include a wide range of conditions, including injuries, illnesses, and congenital conditions. After nearly two years of the COVID-19 pandemic,…
New Jersey employment laws protect employees from discrimination on the basis of numerous factors, including pregnancy and related medical conditions. Despite some progress in recent decades, discrimination against workers who become pregnant remains a problem in New Jersey and around the country. Pregnancy discrimination violates the New Jersey Law Against…
Discrimination against Muslims, people with Arab heritage, and people perceived to belong to either or both of those groups has been an ongoing problem in New Jersey and around the country for a long time. This includes workplace discrimination and harassment because of a person’s religious beliefs or practices, or…
Discrimination on the basis of pregnancy, childbirth, and related issues remains a problem in workplaces in New Jersey and around the country despite numerous forward strides in recent years. In 2014, amendments to the New Jersey Law Against Discrimination (NJLAD) added pregnancy discrimination as a specific unlawful employment practice. This…
Arbitration is a form of alternative dispute resolution (ADR) that resembles a trial in numerous ways, but unlike a trial, there is neither a judge nor a jury. A neutral arbitrator (or panel of arbitrators) with dispute resolution training makes the final decision about the case. Courts all over the…
Harassment in the workplace could violate state and federal antidiscrimination laws when it is based on a protected category, such as race, religion, national origin, or gender. In order to prevail on a New Jersey workplace harassment claim, a plaintiff must show that the behavior rose to such a level…