The coronavirus pandemic continues to hit New Jersey particularly hard, although some good news has appeared in the past few weeks. Two vaccines are gradually becoming available. Certain groups of people will receive the vaccine first, starting with healthcare workers. Eventually, the vaccine will become more widely available. This will…
Articles Posted in Employment Discrimination
New Jersey Employment Discrimination Related to COVID-19 During Public Health Emergency Prohibited by Law
Coming to work while sick is always risky, but far too many workers in New Jersey and around the country often feel they have no other choice. They might need the income from a shift, or they might fear losing their job if they call in sick. During the COVID-19…
Does the ADA Prohibit Discrimination in New Jersey on the Basis of Opioid Addiction? The EEOC Weighs In.
Both the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) protect workers against discrimination on the basis of disability. The definition of “disability” has changed over the years to encompass a wide range of conditions. The public’s understanding of addiction has begun to take psychological…
Use of Artificial Intelligence in Hiring Leads to Concerns Over Employment Discrimination in New Jersey and Elsewhere
The hiring process is growing increasingly automated, as employers in New Jersey and around the country turn to artificial intelligence (AI) that uses hiring algorithms. This could be a time-saving measure for employers, helping them sort through large numbers of job applications, but it can also potentially result in violation…
New Jersey Law Prohibits Discrimination Against Employees Who Display the U.S. Flag
The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination on the basis of a wide range of factors. In late 2001, the New Jersey Legislature passed a bill that adds display of the American flag to the list of protected categories. The law allows for New Jersey employment discrimination lawsuits…
U.S. Supreme Court Rules that Title VII Prohibits LGBTQ Discrimination in Employment
The U.S. Supreme Court issued a landmark decision on June 15, 2020 regarding employment discrimination on the basis of sexual orientation and gender identity or gender expression. Many state laws, including the New Jersey Law Against Discrimination include both of these as separate categories in addition to sex or gender.…
New Jersey Legislature Adds Employment Protections Medical Marijuana Law
New Jersey has allowed medical marijuana use since 2009, when a bill originally known as the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) became law. As written, the law did not specify how an individual’s use of medical marijuana would affect their employment. If an employer fires an employee…
Court Rules in Favor of Employee in New Jersey Disability Discrimination Case Involving Medical Marijuana
Medical marijuana use is legal to varying degrees in more than half of the states in the U.S., including New Jersey. The Compassionate Use Medical Marijuana Act (CUMMA), which was first enacted in 2009, allows individuals to purchase, possess, and use marijuana products under the direction of a physician. Prior…
New Jersey Passes Law Against Hairstyle Discrimination in the Workplace
New Jersey joined several other states in prohibiting hairstyle discrimination in late 2019 when the Legislature passed the “Create a Respectful and Open Workspace for Natural Hair Act,” also known as the CROWN Act. The new law adds a definition of “race” to the New Jersey Law Against Discrimination (NJLAD)…
New Law Bars New Jersey Employers from Asking Job Applicants About Salary History
Employers in New Jersey may no longer ask job applicants how much they made at their last job, thanks to a new law passed by the Legislature in June 2019 and signed by the Governor in July. The bill amends several provisions of New Jersey employment discrimination laws to prohibit…