A recent decision by the Third Circuit Court of Appeals helps clarify who is a “similarly situated” employee in discrimination cases under the New Jersey Law Against Discrimination (“LAD”). This is important since one way to prove discrimination is by showing the employer treated other similarly situated employees more favorably…
A recent decision by New Jersey’s Appellate Division recognizes that an employer can violate the New Jersey Law Against Discrimination (“LAD”) if it discriminates against a disabled employee because he uses medically prescribed marijuana to treat a disability outside of the workplace. Justin Wild worked as a licensed funeral director…
Last month, New Jersey amended its Family Leave Act to expand the protections it offers to employees in several key ways. The Family Leave Act is a law that entitles covered employees to take up to 12 weeks off from work over a 24 month period to care for a…
Yesterday, Governor Phil Murphy signed into law a very important amendment to the New Jersey Law Against Discrimination (“LAD”). Employees Cannot Waive Anti-Discrimination Rights in Advance Under the amendment, any provision in an employment contract that requires employees to waive in advance any “substantive or procedural right or remedy relating…
A recent unpublished opinion from the New Jersey Appellate Division holds that employees cannot waive in advance their right to recover punitive damages under the New Jersey Law Against Discrimination (“LAD”). Milagros Roman worked for Bergen Logistics LLC as a human resources generalist. She claims that her immediate boss, Human…
In a recent opinion, a federal judge ruled that nine retired Jersey City Police Sergeants who prevailed in their employment discrimination and retaliation lawsuits should have their economic damages awards increased to offset the negative tax consequences of receiving a lump sum payment rather than receiving higher salaries and pensions…
In a recent opinion, the Third Circuit Court of Appeals ruled that an employer’s failure to promote an employee was not legally actionable discrimination where the employer promoted the same individual to the same job approximately one month later. Evon Grossberg worked for the Hudson County Department of Social Services…
Under New Jersey law it is unlawful for an employer to harass an employee because she belongs to a legally-protected category, such as because of her gender, age, race or disability. But the law does not necessarily prohibit a boss from bullying or indiscriminately harassing other employees. Nonetheless, earlier this…
Arbitration is widely considered to be less favorable to employees and more favorable to businesses than jury trials. As a result, many employers require their employees to sign arbitration agreements as a condition of getting hired or keeping their jobs. In other words, employers try to force employees to give…
New Jersey’s Appellate Division recently recognized that a transfer to a less desirable job can be actionable retaliation in violation of the state’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). Jeffrey Scozzafava worked as a detective in the Somerset County Prosecutor’s Office as an instructor and trainer in the…