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Articles Posted in Discrimination

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Employer Cannot Fire Employee for Requesting Time Off for Disability

A recent employment law case from the District of New Jersey demonstrates that you might be entitled to time off from work for a disability under the New Jersey Law Against Discrimination (“LAD”) even if you are not protected by the Family & Medical Leave Act (“FMLA”). Colleen Pizzo worked…

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Employee Prosecuted for Stealing Documents to Prove Discrimination Claim

Last week, the New Jersey Supreme Court permitted criminal charges to proceed against an employee who took documents from her employer to try to prove her employment discrimination and retaliation claims. Ivonne Saavedra worked as a clerk for the North Bergen Board of Education. In 2009, she filed a lawsuit…

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Employers Must Accommodate Job Candidate’s Religious Beliefs Without Request

The United States Supreme Court recently ruled that an employer cannot refuse to hire a job candidate because she needs a reasonable accommodation for her religious practice even if the prospective employee did not request an accommodation. The decision was made under Title VII of the Civil Rights Act of…

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Reasonable Accommodations for Pregnancy Required Under Federal Law

The United States Supreme Court recently ruled that the federal Pregnancy Discrimination Act (“PDA”) can require employers to provide reasonable accommodations to women who are pregnant even if they are not disabled. The PDA establishes that pregnancy discrimination in the workplace violates federal law. It also includes a provision that…

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New Jersey Prohibits Religious and Political Intimidation at Work

New Jersey has many well-known laws that protect employees. Perhaps the two best know are the New Jersey Law Against Discrimination (“LAD”), an anti-discrimination law, and the Conscientious Employee Protection Act (“CEPA”), a whistleblower law. The state has many other employment laws as well. One much less known law is…

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Court Finds Positive Performance Reviews Sufficient to Support Disability Discrimination Claim

A recent disability discrimination opinion from the District of New Jersey reflects the relatively low burden an employee has to meet to have his case decided by a jury. Damian Melton, a Type I diabetic, worked as a doorperson for Resorts Casino Hotel in Atlantic City for approximately six years. …

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Judge Finds Employer Failed to Present Legitimate Reason for Failing to Promote Employee

In a recent case, a federal judge in the District of New Jersey denied an employer’s motion for summary judgment because the employer failed to meet its very limited burden to provide a legitimate non-discriminatory reason why it failed to promote her. The employee, Virginia Forchion, claims Sears Outlet Stores,…

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