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…
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.…
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…
The N-word… the B-word… the F-word… the C-word. They’re all incredibly offensive (as indicated by their censoring here.) Sometimes, one-time uses of certain slurs may be enough to satisfy the “severe or pervasive” standard federal law demands. With cases involving other words, however, you may need something more. To get…
Both federal law and New Jersey law generally bar disparate impact discrimination, which occurs when an employer’s action has a disproportionately harmful effect on people of a protected class. These actions may often target employer standards, practices, or rules that seem to be neutral but, in function, end up disparately…
In a 2007 case, U.S. Supreme Court Chief Justice John Roberts wrote that the “way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” While many — including members of the Supreme Court — disagree, his analysis serves as a reminder of…
When it comes to matters of discrimination and/or harassment, we all know there are gradations. There are employers who violated the New Jersey Law Against Discrimination because they made an honest mistake when it comes to the law, such as misconstruing when the law demands that they accommodate a worker’s…
We’d all like to hope that working professionals would, in this day and age, be past the point of using monkey images or monkey sounds as a way to taunt, tease, demean, or intimidate a Black coworker. Sadly, it’s not true. What’s more, many of these alleged instances of vile…
A collective bargaining agreement between teachers and a school district in Minnesota has made waves inside and outside the Land of 10,000 Lakes. The part of the agreement receiving the most scrutiny is the one establishing affirmative action in layoffs. While the Minnesota agreement will affect no New Jersey workers,…
The law of discrimination and harassment has, over the years, stated several things. One is that harassment or discrimination by a supervisor or manager is often worse that similar conduct by peer employee. Additionally, many courts have also said that even just one use of the “N-word” packs sufficient harm…