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If a coworker has sexually assaulted or otherwise sexually harassed you on the job, you almost certainly have certain expectations of your employer. You likely expect that, after you submit a complaint notifying your employer of the assault or harassment, the employer will initiate an investigation that is prompt, diligent, and thorough. If your employer doesn’t do that, then they may be liable to you under both the New Jersey Law Against Discrimination and federal law, so you certainly want to get in touch with a knowledgeable New Jersey sexual harassment lawyer about your situation.

Having that skilled legal representation on your side can be crucial. That’s because there’s a lot that goes into litigating a case like this successfully. You have to amass the witness testimony and documentary evidence necessary to prove your claims. Additionally, in some cases, you may need an expert witness to explain certain things to the jury. An expert may provide essential evidence by shedding light on some relevant topic that is outside the knowledge base of your average juror.

The hostile work environment case of a South Jersey woman was one of those times. The plaintiff, L.M., was a patient care technician at a dialysis center in Washington Township. The woman’s hostile work environment claim alleged that a male coworker sexually assaulted her, that she reported it to the employer but that, even after that complaint, the employer failed to take the appropriate measures, thereby creating a hostile work environment in violation of Title VII and the New Jersey Law Against Discrimination.

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Most all of us have heard the phrase “he said she said.” It often conjured to mind scenarios where there’s little evidence available other than the statements made by the individuals involved. When your “he said she said” incident is also a case of sexual harassment or sex discrimination where you were the victim, the whole thing may seem incredibly daunting. Don’t be intimidated, though. Instead, get in touch with a New Jersey sex discrimination lawyer who can help you map the best route forward.

One reason not to despair is something called a “motion for summary judgment.” This is something that the defense often does and, when successful, it gets your case thrown out of court before ever making it to trial. When unsuccessful, though, it opens many doors, including giving you your day in court and also, many times, leading the defense to approach settlement (if you potentially are open to a settlement) in a more fair, reasonable, and meaningful way.

“He said she said” cases are often prime examples of the kinds of cases in which the defense is not entitled to a summary judgment. Take, for example, the case of A.M., a port authority locomotive engineer who alleged that she endured a sex-related hostile work environment.

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As you may know, employers generally are prohibited from retaliating against you if you speak up +and oppose discrimination or sexual harassment (targeted at you or someone else.) However, here in New Jersey the law does more — barring employers from retaliating against employees for standing up and opposing (or threatening to oppose) various law violations, rules violations, safety issues, fraud, or other misconduct. This type of speaking out is called whistleblowing and the Conscientious Employee Protect Act offers whistleblowers substantial protections. If you’ve been punished for speaking out, then you may be entitled to various forms of very important relief, so you should get in touch with an experienced New Jersey whistleblower retaliation lawyer as soon as possible to discuss your options.

For one Jersey Shore nurse, A.W., it all started when a fellow nurse, according to their local union, “blew the whistle” on the lack of proper personal protective equipment (PPE) at their workplace during the early months of the COVID-19 pandemic, according to a nj.com report.

A.W., who was also the local union president, backed up those assertions, posting on Facebook about the lack of PPE, hazard pay, and other problems, as well as hosting an “Ask Me Anything” on Reddit.

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There are certain assumptions people often make about people who endure discrimination or harassment at work. One of those is that, if the employee is not fired, they will leave the job on their own. Reality is often more complicated. For a variety of reasons, you might want or need to keep that job despite what has happened in the past, and therefore stay on. By continuing to stay, you may remain vulnerable as a target for additional discrimination, harassment, and/or retaliation. If that happens, the law allows you to go back to court and seek additional compensation. An experienced New Jersey employment discrimination lawyer can help you ascertain the best way to go about doing that.

Take, for example, P.W., a Black woman who worked for NJ Transit and who allegedly suffered both race discrimination and workplace retaliation. Back in early 2014, she and six other Black NJ Transit employees sued for racial discrimination. The nature of the alleged discrimination was multifaceted, including receiving lower pay than their white peers and unfair treatment as compared to white coworkers. The allegations also stated that a white supervisor used the N-word and placed a makeshift noose around a Black employee’s neck while commenting that that was “how things were handled in the South,” according to a nj.com report.

The plaintiffs in that lawsuit successfully worked out a settlement in that case. The settlement, reached in 2016, called for the workers to receive $3.65 million, nj.com reported.

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A lot of times, if you’re pursuing a workplace discrimination case here in New Jersey, the perpetrator is the decisionmaker who inflicted the workplace harm you suffered. However, what can you do when that person was actually a subordinate? Depending on the facts of your case, you may still be able to succeed. A new ruling from the New Jersey Supreme Court is a reminder that, even if the facts of your situation seem unfavorable, never assume. Always reach out to an experienced New Jersey workplace discrimination lawyer before deciding whether or not you have a case.

In that recent sex discrimination case, the plaintiff was a female township manager who was terminated in 2016. When the township’s council fired the manager, they asserted several areas of allegedly deficient performance, including the supervisor of subordinates.

One of those subordinates was C.H., the man who the manager had promoted to the role of Police Chief. The chief allegedly had many problems, including failing to attend multiple meetings with the manager, failing to provide documentation that the manager demanded of him, and staging a police training exercise that involved an armed man in camouflage in a parking lot next door to a preschool.

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Back in late 2018, the New York Times published an extensive piece, which laid out the many sexual harassment risks female correctional officers face, entitled “Hazing, Humiliation, Terror: Working While Female in Federal Prison.” The pervasiveness of the sexual harassment female correctional officers face is not something unique to those in the federal prison system. If you’re someone who suffered sexual harassment while working at a facility in New Jersey – be it federal or state – you can, with the aid of a skilled New Jersey sexual harassment lawyer, take your case to court and potentially recover substantial compensation via a judgment or settlement.

Based on some recent reports, it’s clear that female correctional officers in local jails here in New Jersey face similar horrors when it comes to sexual harassment perpetrated by their coworkers and supervisors as the female workers in the federal prisons do.

Back in December, the local government in Union County decided to settle a lawsuit brought by M.H., a Black female officer at the now-closed Union County Jail in Elizabeth. The 2019 complaint alleged that M.H.’s supervisor harassed her daily. Allegedly, the white male supervisor made inappropriate comments like asking M.H. to “test a mattress” with him and stating his romantic/sexual desire for Black women, tapinto.net reported.

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Workers can face workplace discrimination at any step in the employment process, from the application process all the way to termination. As one recent action between the Division on Civil Rights and a major accounting and professional services firm demonstrates, we do mean any step, including training sessions. It’s a reminder that, wherever you are in your employment path, if you believe you were the target of discrimination, you should definitely take the time to get in touch with an experienced New Jersey gender discrimination lawyer.

Back in 2018, a HuffPost report covered the training women workers at the accounting firm received in a one-and-one-half-day leadership seminar. According to the report, the seminar instructed attendees not to “flaunt” their bodies because showing too much skin makes men less likely to focus. The seminar also encouraged women to maintain appearances that “signal fitness and wellness.”

Additionally, according to the report, the seminar paid particular attention to discussing the supposed differences between the masculine and the feminine, along with encouraging the women to hone their feminine characteristics and avoid displaying masculine traits. One attendee told HuffPost that the seminar taught that “women will be penalized, by both men and women, if they don’t adhere to feminine characteristics or if they display more masculine traits. And that if you want to be successful, you have to keep this in mind.”

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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 asymptomatic and some may have non-lethal but long-lasting damaging effects. Recent guidance produced by the courts and by regulatory authorities has come to the conclusion that COVID may qualify as a “disability” under federal and state employment law and entitle those with COVID to workplace accommodations. If you think your employer has failed to make reasonable efforts to accommodate your long-lasting COVID symptoms, then your employer may be in violation of the law and you should get in touch with a knowledgeable New Jersey disability discrimination lawyer right away.

One of the more important medical breakthroughs has come with the discovery that, for some, COVID-19 is something that does not simply go away fairly quickly or else become critical. For those, there is something called “long COVID,” “long-haul COVID” or “chronic COVID.” According to the U.S. Centers for Disease Control, long COVID refers to cases where “where individuals experience new, returning, or ongoing health problems four or more weeks after being infected with the virus that causes COVID-19.”

The U.S. Equal Employment Opportunity Commission has recognized that long COVID potentially can qualify as a disability under the Americans with Disabilities Act.

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An experienced New Jersey hostile work environment lawyer has many tools in his/her litigation “tool bag” to help you seek justice. One of those techniques is taking all of the facts of your case, analyzing them with the utmost care, and then identifying all of the “causes of action” that you can use to seek compensation. That helps because, the more claims you have, the better your chances of success.

As an example of this, we can look out west to a recent hostile work environment case pursued under Title VII of the federal Civil Rights Act. Sometimes, even court cases from outside our great state of New Jersey can be highly instructive to you, a New Jersey worker contemplating legal action in this state. That’s especially true if the employment law topics driving the case are federal law issues, such as Title VII cases.

In that recent case, the plaintiffs were seven women and one man who worked in an apparel company’s warehouse in Reno, Nevada. The defendant was their employer.

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If you’ve read this blog before, chances are fair that you have read about male police officers (and sometimes chiefs) behaving badly. Although the vast majority of law enforcement officers in this state are highly dedicated, highly respectful, and highly professional people, the problem of gender discrimination and sexual harassment in New Jersey is a recurring one. This is not something with which any should have to put up. If you have encountered gender discrimination at work, whether or not you work in law enforcement, you owe it to yourself to reach out to a knowledgeable New Jersey gender discrimination lawyer as soon as possible.

As with any sort of hostile work environment case, a police officer’s lawsuit faces certain distinct challenges. One of those may be the statute of limitations, which says that, in the pursuit of your case, you can only rely on instances of discrimination if they occurred sufficiently recently. In gender discrimination cases, that period generally is two years.

As one recent Appellate Division court ruling highlighted, though, there’s a way for you to use both the more recent and the older instances of gender discrimination you endured to strengthen the overall effectiveness of your case.

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