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…
Articles Posted in Employment Discrimination
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…
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,…
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…
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…