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

Published on: August 14, 2018

A Recent Federal Ruling from New Jersey Tackles the Impact of Income Taxes on Discrimination Damages Awards

If you’ve ever been around someone fairly knowledgeable about taxes, you might have overheard them say, when hearing of a lottery winner’s take or a very successful game-show contestant’s haul, “Well, that amount isn’t really what they will take home. The tax hit on that is quite significant.” That’s true. What’s also true is that this also happens to people who succeed in civil litigation matters. The taxing authorities are entitled to their “cut” of your civil judgment. That’s what makes a recent decision by a federal judge in North Jersey so significant. The judge took taxes into account in fashioning the damages award in a discrimination case. If you’ve been a victim of workplace discrimination, it is important to make sure you are doing everything possible to get everything you deserve, so protect yourself by retaining knowledgeable New Jersey employment discrimination counsel to handle your case. money

The recent case, reported by nj.com, involved several police sergeants working for the Jersey City Police. One of the sergeants alleged that her political affiliation and her “expression about a matter of public concern” played a major role in denying her a promotion. Based on those alleged denials, the sergeants sued the City of Jersey City for violating the Law Against Discrimination. The sergeant’s politics and her speaking out about matters of public concern were protected activities under the statute, so any adverse employment action that was a result of those activities was illegal discrimination under the law, according to the lawsuit.

The jury decided that the city had engaged in illegal discrimination based upon political affiliation. For each of the sergeants, the jury calculated their economic damages as the present value calculation of the pension differential created by the lower rank. For the lead plaintiff, that meant an award of $276,000 in economic damages. As the judge noted, though, there was a problem. The employees had received lump-sum awards and would be required to pay taxes on those lump sums in one year, as opposed to “paying taxes on smaller amounts spread across past and future years.” This obligation to pay taxes on the lump sum in one year created “adverse tax consequences” for the employees.

Published on: August 7, 2018

New Jersey Appellate Division Upholds $525K Verdict for a Customer Service Representative Who Was Sexually Harassed by Her Supervisor

by Phillips & Associates

The successes of other employees in sexual harassment litigation can serve many positive purposes. For one thing, they can serve as encouragement that hopefully will embolden others to come forward and stop suffering from harassment in silence. For another thing, the rulings that the courts make can provide valuable knowledge for those who come afterward. As an example, one recent case from Newark reminds New Jersey workers that you do not need proof that you suffered some extreme or debilitating emotional injury in order to succeed in establishing that you suffered from severe or pervasive harassment. The focal point is the harasser’s actions, rather than how they affected you. For the knowledge you need for your case, retain the services of a skilled New Jersey sexual harassment attorney to represent you.

The case involved M.V., a customer service representative. M.V.’s case of sexual harassment is, unfortunately, an all-too-common set of facts. M.V. started her job in 2008 at the Newark office of a national producer of corrugated boxes. Not long after M.V. started work, her supervisor began sexually harassing her.

The harassment M.V. received was similar to the sorts of things too many employees have to endure. First came the supervisor’s comments about his sexual relationship with his girlfriend, with whom he’d recently split. Then came the supervisor’s comments about how he loved Latina women (like M.V.), how the ex-girlfriend thought he had “nice thighs,” how the girlfriend wanted him to have a threesome, and so forth. He also asked M.V. out to eat and placed his hand over her hand in an unwanted way. In addition, the supervisor stared at M.V.’s body inappropriately and often demanded that M.V. not speak to other men at the workplace.

Published on: July 26, 2018

Fired for Being Unmarried and Pregnant? You May Have a Case for Sex Discrimination, Even if You Worked for a Religious Employer

by Phillips & Associates

pregnancy New Jersey law gives religious employers very broad latitude in the employment decisions they make. That broad latitude is required by the Free Exercise Clause of the First Amendment of the U.S. Constitution. Based on those protections, you might think if you’ve been fired from a job at a religious place of employment that you have no recourse, right? Not necessarily. There are many circumstances where a religious employer may still run afoul of anti-discrimination laws and that violation may still entitle the discriminated employee to receive compensation. A knowledgeable New Jersey discrimination attorney can advise you on how best to pursue your case against a religious employer.

One recent example of this scenario was the Appellate Division ruling in the case of V.C., a teacher at a North Jersey Catholic school. The case, which received coverage from nj.com, involved a lay teacher who instructed toddlers. In January 2014, the teacher informed her principal that she was pregnant. At the time, the teacher was engaged but not yet married. Two weeks after the principal learned about the teacher’s pregnancy, the school fired the teacher.

V.C. sued for sex discrimination, but the trial court ruled against her and threw out her case.

Published on: July 19, 2018

Your Rights in New Jersey If You Have Suffered Workplace Discrimination Based Upon Your Jewish Heritage or Faith (Actual or Perceived)

by Phillips & Associates

The New Jersey Herald reported on a recent federal case from Louisiana declared that discrimination based upon an employment candidate’s Jewish heritage could constitute racial discrimination in violation of federal law. The employee’s attorney declared the ruling to be “precedent-setting.” While this recent case does not have precedential impact in New Jersey, it is a useful opportunity to analyze the rights and protections available to New Jersey employees who find themselves in this type of situation. If you have been the victim of discrimination because of your heritage or someone’s perception about your heritage, you may have a claim in New Jersey. Talk an experienced New Jersey discrimination attorney to find out more about your situation.

In the recent federal case, an alumnus of a Baptist college in Louisiana applied for a coaching position. The college president allegedly refused to hire the man because of his “Jewish blood.” (The candidate’s mother was Jewish.) The case was not one of religious discrimination, as the candidate was not a practitioner of the Jewish religion. The candidate was born into a Jewish family but converted to Christianity during his time at the school and on the football team, according to the Herald.

So, what might happen to a similar employment candidate in New Jersey? The New Jersey Law Against Discrimination bans employment discrimination based upon “race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, sexual orientation, genetic information, gender, gender identity, disability, nationality, military status, or atypical hereditary cellular or blood trait.” Within that heading of creed is protection against discrimination based upon your religious belief or practices.

Published on: July 13, 2018

Successfully Pursuing a Sexual Harassment Case Against Your Employer, Even if You Didn’t Report the Harassment to Your Employer

by Phillips & Associates

gavel-public-domain In an important new decision from the federal courts, the Third Circuit Court of Appeals ruled that a secretary could pursue her sexual harassment case even though she did not report the harassment she allegedly endured. The new appeals court opinion acknowledges the complicated dynamics that can exist for some workers and the very real and very damaging risks they can face by choosing to stand up and report their harassers to their employers. Whether or not you reported your harassment right away, you may have legal options. Be sure to contact an experienced New Jersey discrimination attorney about your situation.

The secretary, S.M., started working for a Pennsylvania county in 2009. Her supervisor started engaging in unwelcome physical contact soon thereafter. The two frequently worked in a setting where they were the only ones present. The supervisor also allegedly sent the secretary sexually explicit emails, to which she did not respond.

The county was aware of some of the supervisor’s inappropriate behaviors. Twice, the supervisor’s supervisor became aware of the man’s inappropriate conduct toward other female employees and issued reprimands to him. Beyond the verbal reprimands, no further action was taken against the man.

Published on: July 6, 2018

New Jersey Disability Discrimination Law and Workers With Sleep Apnea

by Phillips & Associates

asleep In the last few months, multiple stories have emerged from New York City in which employees have asserted that they have been the victims of disability discrimination based upon their condition of sleep apnea. These cases are a reminder that disabilities can come in a wide range of varieties. Just because your disability does not involve a wheelchair or some other visible sign of limitation does not mean that it is not enough to trigger the protection of anti-discrimination laws. For advice and advocacy regarding your disability and workplace discrimination, contact a skilled New Jersey discrimination attorney to represent you.

While recent news articles from the New York Post and New York Daily News have focused on New York employees, New Jersey authorities have also faced this issue. Sometimes, the form of discrimination that an employer commits is the failure of the employer to provide the affected employee with a reasonable accommodation. For example, the employee in the Daily News article, a security guard with sleep apnea, sued after his employer allegedly fired him for sleeping during his meal breaks.

Last year, the New Jersey Attorney General’s Office issued a ruling in which it found the existence of probable cause for a hearing on alleged disability discrimination. That case involved the employer’s refusal to let the worker return to the job, as opposed to providing some accommodation like nap breaks. R.B. was diagnosed with sleep apnea and placed on leave from his job as a yard switcher for a trucking company in Port Newark.

Published on: June 27, 2018

Township Employee Receives $1.25M Settlement in Case Alleging Multiple Varieties of Anti-Semitic Slurs

by Phillips & Associates

yarmulke While everyone hopes that we are progressing toward a more enlightened society in which instances of discrimination and harassment in the workplace become fewer and fewer, the unfortunate reality is that they still happen. Whether your work environment is made into a hostile one because you’re African-American, female, Jewish, LGBT, Latino or for some other reason, you have recourse. To learn more about your options under the law, talk to a New Jersey employment attorney experienced in discrimination and harassment issues.

The allegations made by one township employee alleged conduct that was truly disgusting. According to a nj1015.com report, an employee experienced a near-constant barrage of anti-Semitic comments during his more than 15-year tenure with the township. These comments, which the employee endured on an almost daily basis, ranged from engaging in typical Jewish stereotyping (calling him “my big Jewish buddy,” “cheap Jeward,” and “Mr. Money Bags,” along with asking him why he “killed Jesus”) to epithets like “f***ing Jew,” “golem,” and “Jewbacca” (based the employee’s appreciation of the Star Wars movies). The comments allegedly went as far as telling him he should have numbers tattooed on his arm, a reference to the identification tattoos the Nazis gave Jews who were inprisoned in the concentration camp at Auschwitz.

In a case like this one, the employee’s claim arises from the existence of harassment so severe or pervasive as to make the workplace a “hostile work environment.” In this type of lawsuit, the harassment can be either severe or pervasive to constitute a valid claim; it does not have to be both. The harasser does not have to have authority over the person harmed. The harasser can be a supervisor, a co-worker or, in certain situations, even a non-employee of the employer.

Published on: June 20, 2018

White Firefighter Lands $450K Settlement in New Jersey Race Discrimination Case

by Phillips & Associates

fireman While most discrimination cases involve minorities as the victims, New Jersey law is clear that any form of racial discrimination can be illegal if it is severe or pervasive enough. One of the key differences between a “stereotypical” racial discrimination case (in which the victim is a person of color) and a “reverse discrimination” case (in which the victim is white) is that the white person who alleges discrimination has to clear a higher hurdle than a person of color in order to pursue his case. While that hurdle is higher, it is not impossible. If you are a white employee and believe that you were clearly a victim of racial discrimination, reach out to a knowledgeable New Jersey race discrimination lawyer about your situation.

In one recent case, a white firefighter was able to land a $450,000 settlement in his race discrimination case, according to nj.com. The case, filed by a firefighter named Jeffrey, arose from employment practices within the fire department in one Union County city. The fire chief was African-American. Allegedly, the chief asked African-American firefighters their feelings about taking orders from a white man, but he never asked white firefighters their opinions about taking orders from an African-American. The chief also allegedly committed other discriminatory acts, such as facilitating extra overtime for African-American firefighters while scaling back Jeffrey’s overtime.

The lawsuit further alleged that the chief engaged in tactics meant to block Jeffrey from becoming chief because he did not want a white person in that position, according to the report. Ultimately, the city settled the case, agreeing to pay Jeffrey nearly a half-million dollars in exchange for his ending the discrimination litigation.

Published on: June 19, 2018

I Asked For an Extended Leave of Absence Beyond 12 Weeks, and My New Jersey Employer Said ‘No.’ What Can I Do?

by Phillips & Associates

work cubicles As a worker, there may be various circumstances under which you might need to take an extended leave of absence. These disabling conditions could range from physical issues (like a high-risk pregnancy, major surgery, or cancer treatment) to psychological ones (like inpatient treatment for bipolar disorder or OCD). When these things happen, your condition might dictate that you need several months away from work. Sometimes, though, an employer might seek to deny a worker any leave beyond the minimum that the laws (the federal Family and Medical Leave Act and the New Jersey Family Leave Act) require. When your employer does that, do you have any recourse through the legal system? The answer is that you might. Be sure to reach out to a knowledgeable New Jersey disability discrimination attorney without delay to learn more about your case.

Workers who experience conditions that render them temporarily but totally disabled are entitled to the same protections under the law as any other employees with disabilities. This means that these workers are entitled to receive accommodations for their disabilities as long as the requested accommodations are reasonable and will not place undue hardships on the workers’ employers.

All workers employed by employers of 50 people or more are entitled to 12 weeks of unpaid leave under the FMLA and the NJFLA. Taking leave that spans more than 12 weeks can potentially be trickier. If you and your doctor have concluded that you will need to be away from work for more than 12 weeks, it is important to provide notice and get that request for extended leave before your employer as soon as you have the written documentation from your doctor that you need to make the request.

Published on: June 13, 2018

How a Ruling in a Non-Discrimination Case Can Possibly Help You Win Your New Jersey Discrimination Case: An Example

by Phillips & Associates

crime scene investigation There are various areas of the law that can be interconnected with one another. Your experienced New Jersey discrimination attorney knows that the range of court rulings that may be helpful to you in your own discrimination lawsuit is not limited just to other lawsuits asserting discrimination claims. Sometimes, the decisions made by New Jersey courts – even in non-discrimination cases – may be key to a successful outcome in a discrimination case. This is just another example of how the skill and knowledge of an experienced New Jersey employment lawyer can be vital to your case.

Take, for example, the recent case of Jeffrey, a forensic detective for a local prosecutor’s office. While there, Jeffrey encountered alleged instances of “deficient and improper evidence collection and casework” by his supervisor and other members of the forensic unit. As a result, he filed official complaints. After that, the employer transferred Jeffrey from his position as a detective in the forensic unit to one as a detective in the fugitive squad.

The detective sued, alleging that the transfer violated the state’s whistleblower statute, the Conscientious Employee Protection Act. The employer sought to have Jeffrey’s lawsuit thrown out, arguing that the whistleblower statute requires an adverse employment action, and, since Jeffrey’s transfer was a lateral one, it could not qualify as an adverse action.