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Articles Posted in Discrimination

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Supreme Court Makes it Easier to Receive Accommodations for Religious Beliefs

Last month, the United States Supreme Court made it easier for employees to prove a claim that their employer failed to accommodate an employee’s religious beliefs under Title VII of the Civil Rights Act of 1964. Gerald Groff worked for the United States Postal Service (“USPS”). Mr. Groff is an…

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Following Merger, Employer Can Be Liable for Not Offering Job to Employee on Medical Leave

A recent decision by the Appellate Division recognizes that, under the right circumstance, an employee can establish an employment discrimination claim under the New Jersey Law Against Discrimination (“LAD”) after her employer was acquired by another company, even though she did not apply for a job with the acquiring business.…

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When Are Employers Liable for Harassment Toward Customers?

A new ruling from the Appellate Division addresses when an employer can be liable for unlawful harassment by one of its employees toward a customer or patron. The case was brought by Darien Cooper, who is gay.  Mr. Cooper received a massage at Rogo Brothers, Inc., which does business under…

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Court Permits Starbucks Reverse Discrimination Claim to Proceed

A recent decision by the District of New Jersey allows an employee’s reverse race discrimination claim to proceed to a trial. Shannon Phillips worked for Starbucks Corporation for 13 years, most recently as a Regional Director of Operations.  In April 2018, a Caucasian store manager within Ms. Phillips’ district called…

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Rutgers Women’s Basketball Players Win Appeal in Discrimination Lawsuit

A recent ruling from New Jersey’s Appellate Division allows members of the Rutger’s women’s basketball team to continue with their lawsuit under the New Jersey Law Against Discrimination (“LAD”). Sharee Gordon, Adayshia McKinnon, Jade Howard, Arianna Williams and Sarah Schwartz were students at Rutgers-Newark University and members of the women’s…

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Non-Disparagement Clauses Do Not Violate New Jersey Law Against Discrimination

Last week, in Savage v. Township of Neptune, the Appellate Division ruled that a 2019 amendment to the New Jersey Law Against Discrimination (“LAD”) does not prohibit parties from entering into non-disparagement clauses. The Appellate Division’s opinion involved Christine Savage, a Sergeant for the Township of Neptune Police Department.  Sgt.…

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When Can an Employer Require a Fitness for Duty Exam?

As a New Jersey employment lawyer, I have had numerous clients tell me their employer has asked or required them to undergo a fitness-for-duty examination.  However, anti-discrimination laws limit when an employer has the right to send an employee to a medical exam. Protection Under Anti-Discrimination Laws The Americans with…

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Requiring Employee to Seek Another Job is an Adverse Employment Action

A recent case recognizes that an employer’s decision to remove an employee from her job and give her an opportunity to search for another position within the company is an adverse employment action.  In other words, if it is done for a discriminatory reason, doing so can violate the New…

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NYC Job Ads Soon Must Specify Salary Ranges

Starting soon, most job advertisements in New York City will be required to list the salary range for the job. More specifically, the failure to include salary range information in a job posting will be unlawful discrimination in violation of the New York City Human Rights Law (“NYCHRL”).  To comply…

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Employers Can be Liable for Employment Decision Tainted by Subordinate’s Discrimination

The New Jersey Supreme Court recently recognized that an employer can be held liable for discrimination in violation of the New Jersey Law Against Discrimination (“LAD”) based on an employment decision that was influenced by a subordinate’s discriminatory animus, whether or not the subordinate intended to get the employee fired.…

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