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Category Archives: Discrimination

March 20, 2018

Gender Pay Equity Bill Advances to Floor Vote

Yesterday, New Jersey’s Assembly Labor Committee recommended the passage of the Gender Pay Equity bill. The proposed law prohibits unequal pay for “substantially similar” work and provides that such acts violate New Jersey’s Law Against Discrimination (“LAD”). The legislation makes it unlawful for an employer to pay a rate of compensation, including benefits, to an  Read More arrow

January 19, 2018

“#MeToo” Is a Reality, and It Is Not Going Anywhere

It is a nightmare scenario for any manager – A secretary in your company shares a “#MeToo” experience on social media, implicating another of your employees. You have not seen the post, but your assistant has and mentioned it to you as soon as you entered your office.  You soon learn that other employees and  Read More arrow

January 12, 2018

New Jersey Prohibits Discrimination Against Breastfeeding Women

New Jersey has just become the eighteenth state to prohibit workplace discrimination against nursing mothers. Legislation (S2709/A2294) signed into law on January 8th by outgoing Governor Christie amended the New Jersey Law Against Discrimination (“LAD”) to add breastfeeding as a protected category. The amendment, which is effective immediately, makes it a civil rights violation for  Read More arrow

December 8, 2017

NJ Seeks to Limit Arbitration of Employment-Based Claims

S-3851, which was introduced on December 4 by Senator Loretta Weinberg (D-Bergen), would bar provisions in employment contracts that waive any substantive or procedural right or remedy relating to a claim of discrimination, retaliation or harassment.  The bill prohibits the waiver of any right or remedy under the NJ Law Against Discrimination or any other statute or  Read More arrow

October 26, 2017

New Jersey Appeals Court Upholds Arbitration Agreement

Last week, a New Jersey Appeals Court upheld an arbitration agreement signed by an employee as a precondition of employment with her employer, Raymour & Flanigan.  The employee sued the employer for race and sex discrimination.  The suit was dismissed by the trial court based upon the arbitration agreement, and the employee appealed. In an  Read More arrow

November 16, 2016

Seventh Circuit holds that Title VII Does Not Apply to Sexual Orientation Claims

Tuesday, November 1, 2016 In Kimberly Hively v. Ivy Tech Community College1, the U. S. Court of Appeals for the Seventh Circuit decided that Title VII of the Civil Rights Act of 1964 does not protect employees from discrimination based on sexual orientation. The plaintiff, a teacher, claimed she was denied full employment and a  Read More arrow

June 6, 2016

EEOC ANNOUNCES INCREASE IN POSTING FINES

The Equal Employment Opportunity Commission (EEOC) will increase the monetary fines for employers’ posting violations. The EEOC announced the increase on June 2 in the Federal Register. the new fines which will more than double the previous penalty will take effect in 30 days. The EEOC requires that Employers covered by Title VII of the  Read More arrow

February 11, 2016

Federal Government to Force Employers to Reveal Pay Information by Gender

President Obama proposed executive action through the U.S. Equal Employment Opportunity Commission (EEOC) to require certain businesses to provide detailed information about how much each employee earns.  To that end, the EEOC has proposed revisions to the Employer Information Report (EEO-1) to include collecting pay data from employers, including federal contractors, with more than 100  Read More arrow

January 19, 2016

Arbitration agreements in employee handbooks not enforceable.

In a recent decision, the New Jersey Appellate division held that a clause in an employee handbook requiring arbitration of job disputes is unenforceable where the handbook also provides that it is not a binding employment contract. The opinion in Morgan v. Raymours Furniture Company Inc. 2016 N.J. Super. LEXIS 1 also held that an  Read More arrow

October 1, 2015

Former Municipal Judge’s claim of discrimination rejected by Federal Court

A New Jersey Federal Judge has denied a motion for reconsideration filed by Wilson Campbell, a former municipal court judge. Campbell, who is African-American claimed he was the victim of racial discrimination because of his relationship with his courtroom deputy, who is white. Campbell was disciplined by the New Jersey Supreme Court for a violation  Read More arrow