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New Jersey Employment Lawyer Blog

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The New Jersey Appellate Division Addresses the Discoverability of a Worker’s Social Media Posts as Part of Her Discrimination Case

Social media represents a nearly ubiquitous presence in the lives of many people today. Older generations often counsel younger ones to be wary of “putting too much out there” on social media or text messages. While the wisdom of that advice can be reasonably debated, there undisputedly are times when…

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Advancing a Viable Retaliation Claim in New Jersey, Even Without Successfully Proving Discrimination or Harassment

As this blog has discussed before — but it definitely bears repeating again — when an employer retaliates against an employee for pursuing a claim of discrimination or harassment, that employee can secure a favorable judgment on retaliation even if the discrimination or harassment claim ultimately fails. To find out…

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How an Employer’s Internal Investigation May Form the Basis of an Employee’s Winning Retaliation Claim

Workers who raise complaints of discrimination face many on-the-job risks, including retaliatory termination. Sometimes, the retaliatory motive may be evident in the employer’s stated (bogus) reason for termination. Other times, the stated reason may be legitimate but the investigation that preceded it may have been the product of retaliatory motivations.…

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What the Newly Enacted ‘PUMP Act’ Means for New Jersey Working Moms Who Breastfeed

On Dec. 29, 2022, President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (or “PUMP Act“) into law. This new law expands workplace protections for women who are breastfeeding or expressing breast milk, providing legal coverage for some 9 million additional working moms. New Jersey law has…

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Federal Versus New Jersey Age Discrimination and Disability Discrimination Laws: What’s the Difference?

In some situations, you may encounter workplace discrimination that targets you for one specific reason. Other times, you may be the victim of discrimination that spans multiple protected characteristics. (Still other times, the nature of the discrimination may involve a tandem of protected characteristics, such as, for example, discrimination specifically…

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The Appellate Division Court Revives a New Jersey Municipal Judge’s Discrimination Case Predicated on Her Perceived Alcoholism

As a worker in New Jersey, you need to understand that the Law Against Discrimination (LAD) protects you from discrimination not just as a result of your membership in a protected class but also as a result of your employer’s perception that you were a member of a protected class,…

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How You May Have Been a Participant in a Consensual Office Affair and also a Victim of Sexual Harassment

Workplaces are dynamic and complex places. Coworkers may work with one another, argue with one another, and… sometimes… fall in love with one another. Office romances can be complicated and, even if they are mutually consensual, they still can have sexual harassment interwoven into them. If you’ve found yourself embroiled…

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Mandatory Arbitration Agreements and Sexual Harassment Claims in New Jersey Now That the Ending Forced Arbitration Act is Federal Law

New laws, including a federal bill signed into law in March 2022, have helped to give workers harmed by sexual harassment and/or sexual assault a greater degree of power when they seek to resolve those claims. Previously, many employers had successfully moved these cases from the courts to arbitration via…

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Two White School Employees in Newark Recover $1.3M Jury Award in Race Discrimination Action

When one hears the phrase “reverse discrimination,” it can be easy to fall into misconceptions regarding how anti-discrimination laws work. While these laws play an essential role in eliminating discrimination against traditionally marginalized and oppressed groups (such as Black people, women, religious minorities, LGBTQ+ people, people with disabilities, etc.,) the…

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An Employer’s Argument of ‘Payroll Error’ Wasn’t Enough to Stop a New Jersey Woman’s Unequal Pay Claim

We all want to be paid what we’re worth as demonstrated by the quality of our work output. Too many women, however, have lived experiences on the job that fell short of that lofty goal. If you are someone who has been harmed by a gender-based pay gap at your…

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