Subscribe to Our FeedEMPLOYERS BEWARE: $2.4M Jury Verdict Serves as a Reminder of the Duty Employers Owe to Their Employees
A recent New Jersey Superior Court case involving PNC Bank as a defendant should serve as an eye-opening reminder to all employers that it has a duty to maintain a safe and healthy workplace for all employees, free from harassment, discrimination and any other tort or prohibited conduct. Notably, this duty to maintain a safe […]
New Law Limiting Employment Contracts and Settlement Agreements
S121 has been signed into law by Governor Murphy. The law appears to provide that any “non-disclosure provision” in any employment contract or settlement concealing the details related to discrimination, retaliation or harassment is unenforceable. This law does not apply retroactively. So all agreements previously signed remained in force. It is unclear how this will […]
Much to the Satisfaction of Employers Across the State, Governor Christie Vetoes 2 Employment Law Bills
Authored by: Jay S. Becker Jeri L. Abrams Ari G. Burd Recently, Governor Christie vetoed 2 pieces of workplace related legislation. One bill that was vetoed sought to ban employers from inquiring about job applicants’ salary histories. The objective behind the bill was to help close the gender pay gap, but Governor Christie disagreed, stating […]
“Borgata Babes” Physical Appearance Standards Do Not Violate The NJLAD
The Borgata Casino in Atlantic City successfully disposed of an action brought by 22 female employees working as “Borgata Babes.” Borgata Babes are costumed beverage servers – described as part server and part entertainer. The 22 female plaintiffs claimed they were subjected to an atmosphere of intense sexual objectification and forced to adhere to an […]
New Jersey Supreme Court Clarifies Standards For LAD And CEPA Retaliation Claims
On July 17, 2013 the New Jersey Supreme Court decided Battaglia v. United Parcel Service, A-86/87-11 which clarified the standard for retaliation claims brought under New Jersey Law Against Discrimination (LAD) and the Conscientious Employee Protection Act (CEPA). The LAD prohibits an employer from retaliating against an employee who opposes discrimination. CEPA prohibits retaliation for […]
I'm Too Sexy It Hurts… My Employment
Studies often show that attractive workers tend to get hired sooner, get promotions more quickly, and are paid more handsomely than their less-attractive co-workers. But can good looks get you fired without any job protection? According to a unanimous decision by the Iowa Supreme Court, they can. In Nelson v. Knight, the Iowa Supreme Court […]
The Social Media Battle Between An Employer's Right To Know, and An Applicant's Right To Privacy.
Employer’s right to know vs. Applicant’s privacy rights.
"'Alexander v. Seton Hall University': Refusal To Depart From Precedent Aligns The New Jersey Law Against Discrimination With The Lilly Ledbetter Fair Pay Act Of 2009"
In a departure from United States Supreme Court precedent, the New Jersey Supreme Court recently ruled that each paycheck resulting from a prior discriminatory pay decision constitutes an actionable act of discrimination under the New Jersey Law Against Discrimination (LAD). The continuing violation doctrine, however, is not applicable to disparate pay discrimination claims under the […]
High Court Defines the Over-70 Exception to the New Jersey Law Against Discrimination
Did you know that New Jersey law permits employers to “refuse to accept for employment” employees over the age of 70? But, what happens when a college Dean, who has worked for a college for more than 26 years under a series of consecutive contracts, is advised after attaining 70 years of age, that her […]
U.S. Supreme Court Broadens Statute of Limitations for Disparate Impact Claims
Today the Supreme Court of the United States issued an important decision pertaining to the applicable statute of limitations for a claim of disparate impact discrimination (discriminatory impact without the intent to discriminate) under Title VII of the Civil Rights Act. In Lewis v. City of Chicago, the Court declared that the statute of limitations […]
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