New Jersey Employment Lawyer Blog — Published by New Jersey Employment Attorneys

Published on: April 22, 2019

I Was the Victim of Workplace Discrimination in New Jersey Related to My Obesity. What Can I Do?

A well-worn phrase opines that it is “not what you say but how you say it.” Believe it or not, your disability discrimination case may be somewhat like that. Sometimes, the key to success is not proving that you were harmed based upon a condition you had, but instead lies with connecting that condition (when it is not itself a recognized disability) with something else that is a recognized disability.

For example, obesity by itself isn’t a recognized disability in New Jersey. However, if you prove that your obesity is actually a symptom of some other physical health or mental health disability, then your disability discrimination case may go from hopeless to a potential success. In other words, there are often more options out there for you than you might have thought. Explore those options by contacting a knowledgeable New Jersey discrimination attorney about your situation right away.

The case of one New Jersey bus driver was an unfortunate example of the importance of this connection. C.D. had worked for the same employer as a bus driver from 2005 to 2015. During that time, he passed all his required physical exams and won several awards for his work. During that decade, the driver weighed between 500 and 600 pounds. In 2015, the employer’s physician did not give C.D. a “pass” on his physical exam. He remained out of work for 10 months before he filed a complaint against the employer.

Published on: April 16, 2019

An Employer Settles With the EEOC After a Supervisor told a Pregnant Worker that Pregnancy Made Women ‘Retarded’ and ‘Stupid’

by Phillips & Associates

Starting or growing your family through a pregnancy should be an exciting and gratifying experience. The same should be true about pursuing your chosen career field, before, during and after your pregnancy. Too many times, that doesn’t happen. An employer’s concerns about the wrong things regarding a pregnant employee – from the well-meaning (Can she handle the physical strain? Will her job duties impact her pregnancy negatively?) to the not-so-well-meaning (How much leave time is she going to take? How much is this going to cost the company?) lead to wrong decisions that harm the employee.

If you believe your employer treated you improperly and did so because of your pregnancy or pregnancy-related condition, you probably are angry, you may be scared, and you may feel uncertain about where to turn for answers. Start by reaching out to a knowledgeable New Jersey employment attorney with experience handling pregnancy discrimination cases.

B.M. was a woman facing this type of situation at work. When this blog last covered B.M.’s case in 2017, the EEOC had just filed a federal civil action in the District of New Jersey against B.M.’s employer. This March, the EEOC announced that it and the employer had worked out a settlement, which included a cash payment to B.M. for the harm she suffered.

Published on: April 8, 2019

My Employer Fired Me for Being a Legal User of Medical Marijuana. Can I Sue for Discrimination and Win in New Jersey?

by Phillips & Associates

One of the more quickly evolving issues of law and society is marijuana. Marijuana, just a few decades ago, was something seen as only a harmful recreational drug and people associated its users with the stereotype of the lazy “stoner.” Today, it has begun being embraced for multiple therapeutic uses. In New Jersey, marijuana is legal if you’re using it for a medical purpose. So, what should you do if your employer punishes, or fires, you for using medical marijuana that your doctor prescribed for you?

The use of medical marijuana is not explicitly protected by the Law Against Discrimination. Does that mean that, if your employer took an adverse action against you that you can’t possibly have a case for employment discrimination? As one recent case ruling from the Appellate Division highlights, the answer to that is, “No, it doesn’t.” In other words, don’t give up; instead, consult a knowledgeable New Jersey employment attorney to find out how you may be able to recover compensation.

That recent case involved J.W., a funeral director at a North Jersey funeral home. J.W. used marijuana as part of his cancer treatment and held a license to use under New Jersey’s Compassionate Use Act.

Published on: March 28, 2019

What You Can Do If You’re Sexually Harassed at Work By Someone Who Doesn’t Work for Your New Jersey Employer

by Phillips & Associates

If your supervisor at work demands that you give him sexual favors or else lose your job, and you report that harassment to your employer and your employer does nothing to the offender, then you may know that you can go to court against both your employer and the supervisor. But, what if the harasser is someone who isn’t employed by your employer? Does that difference mean that you have no case? The answer is no, it does not mean that. Depending on the facts of your case, you may still have options. One option to which you definitely should avail yourself is reaching out to an experienced New Jersey employment attorney about your situation.

A recent federal case from neighboring Pennsylvania (Hewitt v. BS Transportation of Illinois, Civ. No. 18-712) tackled this issue of harassment by non-employees. C.H., the allegedly victimized employee, worked as a freight driver for a transportation company. The alleged problems started in 2014, beginning with sexual advances by an employee of a client. Allegedly, the harassment included both sexual comments and gestures and eventually escalated to becoming physical, with the harasser grabbing the driver “by the buttocks with one hand and shoving” him against a freight car.

According to the driver’s lawsuit, he reported the assault. Allegedly, C.H.’s own supervisor told that the matter would be handled, but no action was ever taken against the harasser.

Published on: March 20, 2019

A New Jersey Employee, Fired 17 Days After Returning from Maternity Leave, Receives a $500K Settlement in Her Discrimination Case

by Phillips & Associates

The situation of pregnant women or new mothers suffering discrimination at work as a result of their pregnancies is, unfortunately, an all-too-common scenario, both inside and outside New Jersey. An employer decides that an employee’s pregnancy has rendered her insufficiently productive when it comes to growing the employer’s bottom line, and so it seeks out an excuse to fire her.

Fortunately, both federal and New Jersey laws prohibit employers from taking adverse employment actions against pregnant (or new mother) employees because of their pregnancies or conditions related to their pregnancies. This can include a wide array of things, and the possibility of discrimination doesn’t end with the birth of the baby. An employer can be liable for pregnancy discrimination if it engages in illegal discrimination against an employee based upon her status as a breastfeeding mother, as an example. If you think you’ve been harmed in this kind of way at your job, fight back by reaching out to an experienced New Jersey employment attorney about your case.

Once you’ve decided to pursue your pregnancy discrimination case, the timing of events, and proof of that timing, can go a long way toward making your case and entitling you to a positive outcome. The case of a woman named K.J., reported by Business Insider, was an example. K.J. had started in the Monroe Township office of her employer, an insurer, in 2006 as a field service coordinator. In 2008, the employer promoted her to an operations manager position. In 2012, K.J. was promoted again, rising to become Regional Executive Director, according to the report.

Published on: March 15, 2019

A New Law Means More Eligibility and More Benefits for New Jersey Workers Who Need to Take Paid Family Leave

by Phillips & Associates

When New Jersey first enacted its paid family leave program in 2009, it was the second state in the country to do so, following only California. As the program approached a decade in existence, problems remained. Some lawmakers believed that too many families were still unable to take needed family leave because they could not afford it, meaning that the program was failing to address the problem it was designed to alleviate.

To address that issue, New Jersey’s lawmakers have again taken action. nj.com reported that, back in mid-February, Gov. Phil Murphy signed into law an important new bill regarding paid family leave in New Jersey. The new legislation now makes the state’s paid leave law one of the most generous in the country. The new law will be a very helpful one for many workers, allowing them to avoid a terrible situation in which they must choose between keeping their jobs and making ends meet or spending time caring for a new baby or ailing loved one. As always, if you are unsure about your rights or entitlement to benefits under New Jersey law, or believe that your employer has violated the law, reach out right away to retain the services of a knowledgeable New Jersey employment attorney.

The expansion created by the new law helps in two vital ways, as it extends the amount of time during which workers can be on paid leave and also increases the portion of their regular income that they receive. Under the new law, eligible caregivers or new parents may receive as much as 12 weeks of family leave benefits, an increase from six weeks under the old law. The old law said that an employee on family leave would receive 2/3 of his/her regular income; under the new law, it’s 80%. The original program capped the maximum weekly benefit at $650; under the expanded program, that figure will rise to $860, according to the nj.com report.

Published on: March 5, 2019

How a Woman’s Snapchat Video and Text Messages Helped Her New Jersey Pregnancy Discrimination Case

by Phillips & Associates

Modern technology can be both a great help and a hindrance sometimes. One way in which it is potentially beneficial is by providing a means for recording things in a moment’s notice, which may be extremely helpful if a situation evolves into a lawsuit. In an auto accident, you may use your device to record the accident scene, which may help your personal injury attorney later. In an employment dispute, your smartphone may help you record conversations that will later be key proof that you were fired, not for some legitimate reason, but due to illegal discrimination. Whatever amount and type of evidence you may have recorded, a skilled New Jersey employment attorney can help you take the proof and use it to your maximum benefit.

An example of modern technology in action was the case of T.S., an activity aide at a nursing home in South Jersey. According to the Attorney General’s Division on Civil Rights, T.S.’s employment transpired like this: She started her activity aide job in July 2017. On her second day at work, the aide told her employer that she was pregnant. Her supervisor allegedly told her that day that “it would be a ‘liability’” for her to stay and that she should go home, nj.com reported.

According to T.S., she then contacted the employee who gave her hours for the first two days. That employee allegedly told her not to return to work and that she’d been terminated as a result of her pregnancy.

Published on: February 25, 2019

Seven New Jersey Police Officers’ Case Yields a $4M Settlement and Shines a Light on the Problem of Anti-LGBT Bias in Law Enforcement

by Phillips & Associates

One common form of socio-political discussion is to make reference to the current year as a precursor to asserting that we, as a society, should be past certain un-evolved behaviors. Regrettably, the news keeps reminding us that this, too often, isn’t true. One area where the news provided yet another stark reminder of that was the case of the highly offensive and discriminatory anti-LGBT conduct allegedly taking place at one New Jersey police department, as reported by nj.com and other sources.

There are many types of discrimination one can encounter at work. Unfortunately, being a member of certain groups and working in certain professions further increases that risk. Even though, here in 2019, we might like to believe that we’ve moved past that, the opposite is true too many times in too many places. If you’ve suffered as a result of this kind of discrimination or harassment at your job, be sure to fight back with strong representation from a skilled New Jersey discrimination attorney.

This blog has discussed previously the disappointing prevalence of anti-LGBT discrimination at New Jersey law enforcement agencies. A settlement reached recently by seven officers at one central New Jersey police department, and reported by nj.com, was just one of the latest examples.

Published on: February 20, 2019

How a Difference of Just a Few Days Can Have a Major Impact on the Outcome of Your New Jersey Discrimination Case

by Phillips & Associates

A civil litigation action can possibly take years to resolve. However, despite that potentially very elongated time period, the difference between success and defeat can be as narrow as just a few days–maybe even one day. Your Law Against Discrimination case needs knowledgeable New Jersey employment counsel who can provide you with the diligence and skill to help you navigate the legal system and avoid all the pitfalls that would otherwise be “show stoppers” in your pursuit of the compensation you deserve.

As an example of just how big a difference a few days can make, look at the case of J.M. J.M. was a sales manager for a major telecommunications company. In the fall of 2016, though, he sued the employer for its alleged violations of the Law Against Discrimination. As is true for quite a few employees, J.M. had signed an arbitration agreement as part of his employment with the telecommunications employer. The employer asked the trial judge to enter an order sending the case to arbitration. The trial judge sided with the employer and ordered arbitration.

When something like that happens, and you have decided that, in order best to advance your interests in your case, you definitely should avoid arbitration, then it is of the utmost importance to be sure you take action with appropriate speed. New Jersey’s court rules only give you a very limited number of days to ask the trial court to reconsider a ruling like an order compelling arbitration.

Published on: February 14, 2019

Legislation Awaiting New Jersey Governor’s Signature Would Expand Protections for Employees Victimized by Harassment or Discrimination

by Phillips & Associates

If you’ve been a victim of sexual harassment or discrimination at work, you may be entitled to sue and receive compensation for the damages that you suffered. That you may have already known. You also have the right to settle your action out of court, in which you receive a payment from the other side in exchange for your dismissing your case. This, too, you may have already known. What you may not have known, however, is that New Jersey in on the cusp of changing the way that settlements in these situations are drawn up. Specifically, the state is close to enacting a law that would make any provisions in such agreements that require the harassed or discriminated employee to remain silent to be unenforceable.

As nj.com has reported in early February, the bill that would erect such a rule has passed both houses and needs only Governor Murphy’s signature. Back in 2017, the legislative body proposed similar legislation banning so-called “gag” or non-disclosure provisions in cases involving sexual harassment and discrimination. That bill did not become law.

The state senate tried again in 2018, proposing Senate Bill 121. Senate Bill 121’s enactment into law would mean that New Jersey workers would have one of the broadest umbrellas of protection against these sorts of non-disclosure agreements, protecting all workers asserting any kind of claim of discrimination, harassment or retaliation under the Law Against Discrimination.