Articles Posted in Sex / Marital Status Discrimination

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guard towerA recent report from the Trentonian discussed a female corrections officer’s successful sex discrimination case. The jury in the case returned a verdict that awarded the employee just under $317,000 in damages. The report also noted that the woman, who was white, has a second discrimination lawsuit – this one for race discrimination – still pending. The officer’s discrimination-based legal actions highlight several useful bits of knowledge regarding who can pursue discrimination claims and whether or not you can bring multiple discrimination actions. Whether your case involves one basis for claiming illegal workplace discrimination or several, it pays to have an experienced New Jersey sex discrimination attorney on your side.

The employee, Jennifer, was a senior corrections officer at the New Jersey State Prison in Trenton. According to the officer, her supervisor, Zsuzsanna, treated her less favorably than Jennifer’s male peers, according to the Trentonian report. It is important to note that, in order to have a successful discrimination case, you do not have to prove that you and the person who committed the discrimination were of different groups. In other words, a female employee can have a winning case of sex discrimination even if the supervisor who is doing the discriminating is also a woman. The female employee only needs to prove that she was treated less favorably than her male counterparts.

For Jennifer, the alleged discrimination included verbal insults (“idiot”) and re-assignment to a less desirable position (while her old position was filled by a man). At one point, Jennifer was allegedly ordered to “haul multiple food-cart loads and deliver boxes of food that weighed 300 to 400 pounds” by herself, a job usually carried out by mailroom workers. This solo assignment, Jennifer asserted, represented a clear signal to others that Jennifer was being punished by upper management. After completing this assignment, the officer developed a stress fracture in her back.

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PoliceA jury in a federal court in New Jersey recently decided that a woman, who was a township’s first female police officer and who did receive full health benefits upon retirement, won her federal case asserting that her employer engaged in sex discrimination. Having found the employer liable for discrimination, the jury then awarded the officer $355,000 in damages to compensate for past and future health insurance expenses, the Union News Daily reported.

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Wedding ringNew Jersey’s Law Against Discrimination is one of the more robust anti-discrimination laws in the country. New Jersey law says that people shouldn’t suffer harm, on the job and in certain other settings, as a result of “invidious stereotypes” about their race, sex, national origin, ethnicity, religion, gender identity, sexual orientation, or marital status. A ruling from last year handed down by the New Jersey Supreme Court sided with an employer because his employer did exactly what the law prohibits – engaged in harmful stereotyping. The employer terminated the employee, who was having an extramarital affair and getting divorced, since it feared the divorce would be “ugly.” That, the high court concluded, should have allowed the employee to pursue a claim of marital status discrimination.

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