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

Published on: April 6, 2020

Title VII, Title IX and Choosing the Right Federal Court in Which to Pursue Your New Jersey Sex Discrimination Case

If you have been harmed by sex discrimination at work, you perhaps know that you may be able to sue and seek compensation in federal court under a federal law called “Title VII.” However, what you may not have known is that, in New Jersey, you potentially may be able file in federal court and pursue sex discrimination damages not just under Title VII, but also Title IX. This option is not available in all federal courts everywhere in the country, so if you have a federal discrimination case that you potentially can file in multiple different places, it may be advantageous to go forward in the District of New Jersey. Choosing the right court in which to file is one of many vitally important decisions that must be made during your case, so make sure you have a knowledgeable New Jersey sex discrimination attorney representing you from the very start.

One recent example of what a difference state boundaries can make came from the federal trial court in Connecticut. A female college professor was denied tenure and sued for sex discrimination, asserting a claim under federal Title IX. She lost, as the federal judge ruled that the professor couldn’t advance this kind of sex discrimination case under a Title IX claim.

At this point, you may be thinking, that sounds discouraging… how is that case and that outcome good news for me in New Jersey? The answer to that question lies in two legal concepts called jurisdiction and venue. When you decide to proceed in court, you have to file your case someplace where the court has jurisdiction, which means someplace where the judge has the authority to issue a judgment and or order that is legally binding on the parties. You also have to choose a court where venue is appropriate.

Published on: March 27, 2020

New Jersey’s Division on Civil Rights Issues an Important FAQ About COVID-19 and Workplace Discrimination and Harassment

by Phillips & Associates

Crises often bring out the best in people. Many recent COVID-19 (a/k/a novel coronavirus)-related stories have highlighted countless acts of selflessness to help people working in the healthcare industry, families with food insecurity, seniors and others. Crises also bring out the worst in people, including fear, anger, hate and discrimination. Just as the September 11th attacks brought about a wave of discrimination against people of the Islamic faith and people of Middle Eastern or Arabic heritage, COVID-19 also represents a regrettable opening for discrimination against people with health issues and people of East Asian ancestry. If you have been harmed by COVID-19-related discrimination or harassment at your job, don’t suffer in silence. Reach out to an experienced New Jersey employment attorney for help.

To help minimize incidents of coronavirus-related discrimination, the New Jersey Division on Civil Rights recently published a guidance document entitled “Civil Rights and COVID-19: Frequently Asked Questions.” That document, as it related to employment discrimination, focused primarily on two areas of potential harassment and/or discrimination: disability and race/ethnicity (or national origin.)

When it comes to discrimination or harassment based on disability or perceived disability, improper action related to COVID-19 might look different than other disability discrimination actions in the past, but the underlying concepts are the same. Just as your employer generally cannot fire you simply because your supervisor saw you take a hypertension drug and believes (without any supporting factual evidence) that the stress of the job is “too much” for you, your employer similarly cannot terminate your employment simply because, as the FAQ cited, “you coughed at work and they perceived you to have a disability related to COVID-19.”

Published on: March 20, 2020

What Your New Jersey Employer Can (and Can’t) Do Upon Finding Out You Have an Addiction

by Phillips & Associates

Disability discrimination law exists to ensure that people with physiological and mental health conditions are allowed to compete and participate in the workplace on a level playing field with workers without disabilities. That holds true for workers who are addicts. If a worker with an addiction fails to meet the mandatory minimum obligations of her job, she can still be subject to discipline or termination, just as a worker without disabilities would be. However, the law stands to protect a worker with an addiction who is doing her job – and doing it adequately well – from adverse employment action based solely on the fact that she is an addict. If that has happened to you, do not delay in reaching out to an experienced New Jersey disability discrimination attorney.

Recently, the federal case of S.W. provided an example of an employer who acted within the law. Sixteen months into her employment, S.W. showed up to work intoxicated and was found to have possessed alcohol at her workplace. At that point, the employer became aware that S.W. was an alcoholic. The employer and employee struck a “last chance” agreement that said that S.W. would seek treatment for her alcoholism and, if she violated company policy again with regard to alcohol, she would be fired.

Two and a half years later, S.W. took two absences from work, claiming she has a stomach illness and a car accident, respectively. In reality, S.W. had been hospitalized due to a “several-day drinking binge.” The employer fired S.W.

Published on: March 17, 2020

Were You Fired or Denied Pay Because Your Employer Received a SSN ‘No Match’ Letter? That May Be a Violation of the Law in New Jersey

by Phillips & Associates

There are certain employment practices that are obviously discriminatory. An employer who openly refuses to hire any LGBT+ person, a supervisor who jokes about all Mexicans being lazy or an HR manager who opines that “pregnancy always makes a woman crazy” are all obvious things. A lot of instances of discrimination aren’t nearly this obvious. Something as seemingly benign (and non-discriminatory) as a letter from the federal government about a worker’s employment eligibility verification paperwork can be the trigger for that employer to engage in illegal practices. If your employer has taken adverse employment action against you (such as forcing you onto unpaid leave or firing you) because it received a “no match” letter from the Social Security Administration (SSA), your employer may have violated the law. Contact a knowledgeable New Jersey employment attorney promptly to find out what you can do.

In March 2019, the federal government began sending “Employer Correction Request” notices, which are often more commonly known as “no match” letters, to employers. This March, the New Jersey Division on Civil Rights, Department of Labor and the Attorney General published a joint “Dear Employer” guidance letter to provide employers and employees with useful information and to help employers steer clear of actions that potentially violate New Jersey law.

On the federal employment eligibility verification form, also known as the I-9 form, is something that most all of us have filled out at some point when starting a new job. An employee discloses their name and Social Security number. “No match” letters, which the federal government stopped entirely in 2012 but restarted last year, are letters from the Social Security Administration that inform an employer that the name and the number contained on an employee’s I-9 form don’t match.

Published on: March 14, 2020

New Jersey Supreme Court Says Medical Marijuana Users Are Entitled to the Anti-Disability Discrimination Protections of the Law Against Discrimination

by Phillips & Associates

It’s been 10 years since New Jersey first permitted residents to use marijuana for certain medical purposes. Nevertheless, a stigma remains surrounding the use of marijuana, even when used properly and for legitimate medical reasons. Sometimes, that stigma bleeds over into workplace discrimination. For New Jersey workers in that position, a recent ruling from the state Supreme Court is a huge win. The new ruling makes it clear that people who suffer workplace discrimination due to their proper use of medical marijuana may pursue – and win – disability discrimination lawsuits under the Law Against Discrimination. If you’ve suffered harm at work because of your employer’s disapproval of your proper use of medical marijuana, let this ruling be a motivation not to suffer in silence. Instead, call upon an experienced New Jersey disability discrimination attorney to investigate your legal options.

The case involved a North Jersey funeral director who had cancer. As part of the director’s cancer treatment, his doctor had prescribed medical marijuana. The employer found out about the director’s medical marijuana use after the director was injured in an on-the-job vehicle accident. (While working a funeral, the director had been struck by another driver who ran a stop sign.) The director clearly “was not under the influence of marijuana” at the time of the accident, according to the doctor who treated him.

Nevertheless, the funeral home fired the director. The director sued the funeral home for disability discrimination. The trial judge concluded that the director had no case, but the Appellate Division court reversed that decision and allowed the director to go forward.

Published on: March 9, 2020

The Division on Civil Rights Publishes a New Guidance Document About New Jersey Equal Pay Act

by Phillips & Associates

Discrimination law in New Jersey has undergone important changes in recent years, and potentially may be undergoing more. The changes reflect the clear awareness that there’s still more to do in order to stamp out the ills of discrimination and harassment in workplaces in this state. As the laws continue to evolve, the opportunities you have to obtain the compensation you need and deserve for the harm you suffered on the job may be increasing. If you’ve been hurt by workplace discrimination or harassment, make sure you reach out to an experienced New Jersey employment discrimination attorney without delay.

Earlier this year, Governor Phil Murphy announced a proposal that would make numerous beneficial changes to the New Jersey Law Against Discrimination. Before that, though, New Jersey’s state government had already taken some important steps to stamp out certain discrimination, including the discrimination inflicted through the wage gap.

The state passed the Diane B. Allen Equal Pay Act in 2018. This March, the Division on Civil Rights published a guidance document to help employees and employers understand what the Equal Pay Act does for workers. One very important thing to know about the law is that it applies to more than just the gender wage gap.

Published on: February 26, 2020

Governor Proposes Significant Overhaul for New Jersey Law Against Discrimination to Aid Workers Harmed by Harassment and Discrimination

by Phillips & Associates

Governor Phil Murphy recently proposed what would amount to a massive reform of New Jersey’s Law Against Discrimination (LAD.) The overhaul, if enacted in its entirety, would make it easier for New Jersey workers who are the victims of discrimination or harassment to file and pursue their cases successfully. The governor’s proposal is an important reminder that the laws in New Jersey are often changing and, sometimes, those changes are major… and massively beneficial to you. Be sure to consult a knowledgeable New Jersey employment discrimination attorney about your situation to get the up-to-date advice you need.

The proposed revamp of the LAD comes in the aftermath of a one-year-long study of discrimination and harassment at New Jersey workplaces, which was conducted by the Division on Civil Rights (DCR.) The director of the DCR, after completing the survey, stated that sexual harassment remained “pervasive. Even as women make up nearly half of the work force, sexual harassment persists in every sector of the workforce.”

Toward ending that pervasiveness, the reform proposed by the governor would extend the statute of limitations for filing a LAD claim from two years to three years. The proposal would also give harmed workers an extra six months to file an administrative complaint with the DCR, which is a mandatory first step before you can sue in court.

Published on: February 19, 2020

A Big Win for Pay Equity: A Federal Appeals Court Says Salary History Bans Don’t Violate Employers’ Constitutional Free Speech Rights

by Phillips & Associates

Many studies have shown that the gender pay gap is real and is persisting. There are many ways in which employers can (and do) contribute to this problem. One is by perpetuating old discrimination by basing a new hire’s salary on what he/she was making at his/her previous job(s). This demand for a “salary history” was common for many decades, but is now being eradicated in many places, including New Jersey, which recently banned the practice. If you have suffered discrimination in the form of an improper salary history demand from a potential employer, you should contact a knowledgeable New Jersey employment discrimination attorney about your situation.

Many of these statutes and ordinances banning salary history disclosures are relatively new, and are still facing court challenges. A salary history ban ordinance in Philadelphia just cleared a major hurdle when the Third Circuit Court of Appeals ruled in favor of the city and found the ordinance constitutional. Philadelphia’s “Wage Equity Ordinance” said employers couldn’t inquire about an applicant’s earnings history, couldn’t require disclosure of earnings history and couldn’t retaliate against an applicant for failing to disclose previous earnings.

The Greater Philadelphia Chamber of Commerce sought to prevent enforcement of the ordinance, arguing that banning employers from asking these sorts of questions violated the employers’ free speech rights under the First Amendment to the U.S. Constitution. A federal district judge even agreed with the chamber, concluding that the ordinance represented a free speech violation and barring enforcement of the ordinance.

Published on: February 13, 2020

A Technician at a New Jersey Facility for People With Disabilities Lands a $150K Settlement in Her Sexual Harassment Case

by Phillips & Associates

Once you’ve made the major decision to file a sexual harassment suit in court, there will still be several more decisions you’ll have to make going forward. Each of these decisions are the kinds of things where the advice and counsel of an experienced New Jersey sexual harassment attorney can be invaluable.

For example, at one or more points, you’ll probably have to decide whether you want to settle your case or take it all the way to a judgment. For some people, hearing a judge or jury state that you were harassed and that your employer violated the law may be an essential goal, meaning that a judgment may be more valuable than a settlement where the employer doesn’t acknowledge its culpability. For many people, though, receiving a settlement award that sufficiently compensates them for the harm they’ve suffered may be enough to warrant letting go of their case, as it allows them to get the financial compensation they need, allows them to obtain closure on a frustrating and painful chapter, and also allows them to avoid the time and stress of additional litigation.

S.C. was one of those workers in the latter category. According to a nj.com report, she worked for at one of New Jersey’s developmental centers for men and women with developmental disabilities, providing services to the center’s residents. In December 2016, S.C. received a new assignment to a different cottage within the center.

Published on: February 6, 2020

Making Sure You File Your New Jersey Law Against Discrimination Case Before the Filing Deadline Imposed by the Law Passes

by Phillips & Associates

When you have been the victim of discrimination on the job in New Jersey, it is very important that you take action right away. Make sure that starts with speaking to an experienced New Jersey employment discrimination attorney. You only have a limited amount of time to file your discrimination claim and, if you wait too long, you could lose out entirely. Your knowledgeable attorney can help you identify exactly when that deadline is in your case and help you get everything you need together and submitted before that deadline passes.

Even if your case potentially seems to be endangered by that filing deadline, there may be options that still allow you to proceed. Take, for example, S.M., a teacher’s assistant. She had some pretty strong evidence in her race discrimination case, including proof that, during her 23 years in the school district, her supervisor reassigned her 19 times, which was allegedly an “unheard of” number of reassignments “given the large number of available employees.”

The employee also asserted that the district passed her over for a promotion that went a Caucasian employee who was “much less experienced and capable.” S.M.’s supervisor also allegedly had a racially biased approach to disciplining employees, taking negative actions against African American employees more often than against white employees.