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Articles Posted in Employment Discrimination

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How New Jersey Employment Laws Protect Job Applicants During the Hiring Process, Part 1: Discrimination and Equal Pay

New Jersey’s employment laws protect workers from a wide range of concerns. They guarantee payment of a minimum wage and compensation for overtime work. They prohibit discrimination on the basis of factors like race, religion, gender, disability, military service, sexual orientation, gender identity, and more. They require reasonable accommodations for…

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New Jersey Lawsuits Allege Disability Discrimination Based on Drug Test Results

New Jersey employment laws bar discrimination based on disability. An employer cannot fire an employee or subject them to other adverse actions because of an injury, illness, or other condition that significantly affects their lives. State law uses a broad definition of “disability” that includes physical and mental conditions. Two…

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New Jersey’s Recreational Cannabis Law Includes Employment Protections

New Jersey Governor Phil Murphy signed a bill into law in February 2021 that creates a legal framework for the recreational use of cannabis by adults in the state. Voters paved the way for the new law when they approved Public Question 1 by a substantial margin on Election Day…

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New Jersey Supreme Court Rules on Arbitration Agreements Between Employers and Employees

Arbitration agreements are a common feature in many employment contracts. Under an arbitration agreement, the employee and employer agree to submit any disputes to the arbitration process, either before or in place of filing a lawsuit. Advocates for employees’ legal rights tend to view arbitration as favoring employers for a…

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U.S. Supreme Court Could Reconsider Precedent on Reasonable Accommodations by Employers for Employees’ Religious Beliefs and Practices in New Jersey and Nationwide

Both federal and New Jersey employment laws prohibit employers from discriminating against employees on the basis of religious affiliation, beliefs, or practices. Employers must accommodate employees’ religious practices to the extent that doing so is not an “undue hardship” on their business. As with many other areas of antidiscrimination law,…

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Can New Jersey Employers Require Employees to Get the COVID Vaccine, or Fire Employees Who Refuse?

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…

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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…

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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…

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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…

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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…

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