On August 30, 2013, Governor Christopher Christie signed two new employment laws. The first law expands the New Jersey Law Against Discrimination (LAD) to protect employees who are trying to obtain information to support a potential claim of pay discrimination. The second new law prohibits employers from asking employees or…
New Jersey’s Appellate Division recently recognized that a company cannot escape liability for discrimination by having someone else make the final termination decision. The case was filed by Tina Shipe, an employee who worked for several different Shop Rite supermarkets over 17 years. Ms. Shipe was the only female meat…
Last month the American Medical Association (AMA) voted to designate obesity as a disease. More specifically, it adopted a resolution which states that obesity is a disease that leads to other conditions such as Type 2 diabetes and cardiovascular disease. As a result of the AMA’s decision, it is likely…
Last week, the United States Supreme Court adopted a narrow definition of who is a “supervisor” under Title VII of the Civil Rights Act of 1964 (Title VII). Title VII is a federal law that prohibits discrimination based on race, color, national origin, sex or religion. The Court ruled that…
Earlier this month the New Jersey Appellate Division permitted an employee to continue with his sexual orientation discrimination claim against his former employer, finding there is enough evidence to support his claim. Ronald Savoie, who happens to be gay, had a distinguished career as a teacher at The Lawrenceville School…
Last week, I discussed Montone v. City of Jersey City, a case that ruled Police Sergeant Valerie Montone can proceed with her political affiliation case against the Jersey City Police Department. In the same opinion the Third Circuit ruled that eight other police sergeants can continue with their claim that…
Last month, the Third Circuit Court of Appeals recognized that an employee does not need to have any evidence of discrimination before she can present her case to a jury. The Third Circuit is the federal court that handles appeals from New Jersey, Pennsylvania, Delaware and the Virgin Islands. The…
A federal judge in New Jersey recently dismissed an employee’s discrimination lawsuit on the basis that the New Jersey Law Against Discrimination (NJLAD) does not apply to New Jersey residents who work outside of New Jersey. The employee, Blaise A. McGovern, is a resident of New Jersey. He worked for…
Last month, New Jersey’s Appellate Division reversed a verdict of over one million dollars in a disability discrimination and retaliation case because the only evidence supporting the claim was inadmissible hearsay. Hearsay is basically when you try to prove something is true based on the fact that someone else said…
Last week I discussed Colicchio v. Merck & Co., Inc., a case involving an employee who claims her employer Justified Eliminating Her Job by Reducing Her Job Duties After Her Maternity Leave. The employee in that case, Kerri Colicchio, also claims her employer failed to promote her because of her…