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Articles Posted in Disability Discrimination

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When Out-of-State Remote Workers Need to Pursue Their New Jersey Employers With Law Against Discrimination Claims

In April 2022, the percentage of workers who worked remotely was at its lowest in two years but, even with these declines, fully 1 in 13 workers (7.7%) remains a remote employee. With remote work comes the question of what to do if you, as a remote worker, experience discrimination…

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Impermissible Retaliation Actions in New Jersey Workplaces and What You Can Do If You’re the Victim of One

When you get hurt on the job and become disabled (either temporarily or permanently) as a result, your employer may fear the consequences… on their bottom line. Many of those same (improper) considerations can take place when you step up and act as a whistleblower. If your employer has taken…

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Opioid Use Disorder, Opioid Addiction Treatments, and Anti-Discrimination Law in New Jersey

One byproduct of the opioid epidemic is the number of people who are in treatment for opioid use disorder (OUD) and who are also employed or seeking employment in this state. For that group of people, the laws that prohibit disability discrimination offer certain substantial protections, which means that, if…

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What Does (and Does Not) Qualify as an ‘Adverse Employment Action’ When You Pursue a Federal Employment Discrimination Action in New Jersey

When you need to pursue a discrimination lawsuit in New Jersey, your case needs several things, not the least of which is something called an “adverse employment action.” This is just one of many essential components your case needs to succeed. To make sure you have everything necessary for a…

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COVID-19, ‘Long COVID,’ and the Legal Protections Against Disability Discrimination in New Jersey

As we enter our third year of living with COVID-19, scientists are coming to learn more and more about the virus and its impacts. One critical thing they’ve discovered is that the virus does not harm all of those infected equally. Some may die fair quickly, some may be entirely…

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The Important Role the Right New Jersey Legal Team Plays in Ensuring Your Discrimination Lawsuit Meet All of the Law’s Procedural Requirements

If you’ve encountered disability discrimination in your job, you’ve likely suffered significant harm. You may have lost earnings; you may have lost your job entirely. You’ve suffered enough; you don’t need to suffer the loss of your discrimination lawsuit before it even gets off the ground because you didn’t have…

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The Importance of Evidence of Discriminatory Motive in Your New Jersey Law Against Discrimination Case

You can think of your successful discrimination or sexual harassment case like one of those domino “chain reaction” exercises. To arrive at a successful domino effect conclusion, every element of the chain must be properly in place and must do its job. If any one of them fails, the whole…

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The New Jersey Supreme Court Issues an Important New Decision Impacting Workers With Disabilities Who Pursue Failure-to-Accommodate Cases in Court

A recent ruling from the New Jersey Supreme Court represents a very positive, and very crucial, clarification of an element of disability discrimination law in this state. Going forward, employees whose employers improperly failed to accommodate their disabilities can be confident that they do not need proof of a separate…

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New Jersey Police Officer Who Was Allegedly Taunted by His Chief About His Military Service Successfully Lands $100K Lawsuit Settlement

Men and women who serve or have served in the military have made many sacrifices. One of the sacrifices members of the military should not have to make is tolerating a workplace with discrimination and harassment. If you are serving or have served, and you are experiencing this type of…

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A Rejected Police Officer Candidate’s Case is a Reminder that Employers Cannot Shield Themselves from Disability Discrimination Liability ‘by Contracting out Personnel Functions to Third Parties’

For some jobs, a psychological evaluation may be a mandatory part of the application process. While mental fitness may be an important requirement for some jobs, the law does not allow an employer to use this process – or an employer’s outsourcing of this assessment to outside psychologists – as…

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