Articles Posted in Retaliation

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.

In some New Jersey discrimination and retaliation cases, the employer’s action may be motivated plainly by discriminatory intent. In a lot of cases, though, employers are motivated in the actions they take by a mixture of discriminatory bases and legitimate bases. An important new decision from the federal Third Circuit Court of Appeals, whose decisions cover New Jersey, Pennsylvania, and Delaware, decided that an employee could use a mixed-motive theory in his case alleging that his employer discriminated against him for using Family and Medical Leave Act leave. Understanding all of the methods for pursuing your discrimination case and properly employing the right ones is just one of a wide array of areas in which your New Jersey discrimination attorney can provide invaluable aid to your case.

The plaintiff in the recent federal case was a man who took a job as a projects manager in 2008. At that time, he had suffered from migraines for 13 years, dating back to a 1995 accident. In March 2012, the employer transferred the manager to its engineering department. The job transfer almost immediately triggered a spike in the manager’s migraine problems. Just one month later, he applied for FMLA leave and was approved for intermittent FMLA leave.

By the following October, the employer terminated the manager. The manager sued, asserting a claim that, among other things, the employer discriminated against him for his seeking and using FMLA leave. The manager’s case asserted that the employer was motivated by a mixture of legitimate and discriminatory reasons, which is known as a “mixed-motive” theory of liability. In some situations, an employee’s case may assert that the employer’s motivation was completely discriminatory, but, in many cases, the employer is driven by a mixture of legitimate and improper impulses.

The case of a Delaware professor, who claimed that her employer fired her in retaliation for making a sexual harassment and discrimination complaint, got new life after the Third Circuit Court of Appeals issued a ruling in the matter recently. Although the case might require proof that the employer would not have fired her but for the complaint, that level of proof wasn’t required to make a prima facie showing of retaliation, so she should have been allowed to proceed.

Continue reading