The Family and Medical Leave Act (FMLA) allows employees to take unpaid leave for medical conditions or to care for a family member. It also prohibits retaliation by employers for taking leave. A federal court recently dismissed a claim for violation of FMLA rights based on evidence that the plaintiff…
The New Jersey Employment Law Firm Blog
Nurse Sues Hospital for Allegedly Reassigning Her Because of Her Race
A nurse at a hospital in Flint, Michigan is suing her employer for alleged racial discrimination and civil rights violations. Battle v. Board of Hospital Managers of Hurley Medical Center, et al, No. 13-99763, complaint and jury demand (Mich. Cir. – Genesee Co., Jan. 21, 2013). She claims that the…
Department of Justice Settles Immigration-Related Employment Discrimination Claims Against College
The U.S. Department of Justice (DOJ) announced in January 2013 that it settled a claim of citizenship and national origin discrimination against Houston Community College (HCC), in lieu of filing suit. The DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigated a complaint of hiring discrimination, in…
NYPD Officer’s Widow Sues Supervisor, Saying Sexual Harassment Drove Him to Suicide
A supervisor’s sexual advances drove a New York police officer to take his own life, according to a lawsuit filed by the officer’s widow. The lawsuit names the City of New York, the New York City Police Department (NYPD), and the supervisor as defendants, and alleges that an ongoing pattern…
Lawsuit Against New Jersey Furniture Store Alleges Sexual Orientation Discrimination
A former employee of a Secaucus, New Jersey furniture store chain has alleging that management discriminated against her based on her sexual orientation and retaliated against her for complaining of a manager’s discriminatory conduct. Perez v. Factory Direct of Secaucus, LLC, et al, No. 2:13-cv-00327, complaint (D.N.J., Jan. 17, 2013).…
NLRB Rules that Facebook Posts Regarding Coworkers Were Protected Concerted Activity
The National Labor Relations Board (NLRB) ruled that an employer’s termination of five employees over posts to the social media service Facebook violated the National Labor Relations Act (NLRA). In re Hispanics United of Buffalo and Ortiz, Case No. 03-CA-027872, decision and order (NLRB, Dec. 14, 2012). It rejected the…
Lawsuit Alleges Gender Discrimination After Plaintiff Revealed Transgender Status
A former Ph.D. candidate at a San Francisco university is suing the school for gender discrimination, alleging that faculty and staff began to mistreat him once he revealed that he had undergone sex-reassignment surgery. The cause of action is a rare one, as only a handful of states, including New…
Former Manager Sues Hotel for Firing her After She Gave Birth in Guest Room
A former manager at a “swanky” New York City hotel has filed a lawsuit accusing hotel management of discriminating against her because of her pregnancy. She alleges that her superiors told her repeatedly that she, possibly because of her age and race, was not a good fit in the hotel’s…
New York Pharmacy Law Unlawfully Discriminates Based on National Origin and Alienage, According to Second Circuit
A group of pharmacists with nonimmigrant visas sued a number of New York state officials over a law limiting pharmacy licenses to U.S. citizens and legal permanent residents. The plaintiffs in Dandamundi, et al v. Tisch, et al, 686 F.3d 6 (2nd Cir. 2012) alleged that the law violated the…
Former Game Show Model Receives $8 Million Verdict in Pregnancy Discrimination Suit
A former model on the long-running daytime game show “The Price is Right” received a verdict totalling over $8 million in a suit against the show’s producers. The plaintiff alleged that the producers unlawfully discriminated against her because of her pregnancy by firing her after she took leave to give…