Subscribe to Our FeedNJ Supreme Court Strengthens Defenses Available to NJ Employers In Sexual Harassment Actions
In a landmark decision that will have profound and beneficial effects on New Jersey employers, the New Jersey Supreme Court’s decision in Aguas v. State of New Jersey has adopted the two part analysis set forth by the US Supreme Court in Burlington Industries v. Ellerth, 524 U.S. 742, (1998) and Faragher v. City of […]
New Jersey Law Against Discrimination Amended To Include Ban On Pay Secrecy
Employees often gossip about the money they make which can often lead to disruption of the workplace. In fact, many employers have policies prohibiting employees from sharing information regarding their compensation and benefits with their co-workers. While employers can generally take action against employees who violate these policies and disrupt the workplace, employers should be […]
“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 […]
"'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 […]
"Roa V. Lafe": Post-Employment Retaliation Claims And The Continuing Violation Theory
This article appears in the November edition of New Jersey Labor And Employment Law Quarterly. The New Jersey Supreme Court recently examined the continuing violation theory in a case holding that a plaintiff’s post-employment retaliation claims brought under the New Jersey Law Against Discrimination (NJLAD) were actionable. However, the continuing violation theory did not apply […]
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 […]
