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Category Archives: New Jersey’s Law Against Discrimination

June 21, 2019

Appellate Division Rules on Disability and Adverse Employment Action

In a case involving a claim for failure to accommodate under the NJ Law Against Discrimination (LAD), the Appellate Division recently held that the plaintiff did not need to demonstrate an adverse employment action to establish a prima facie case of a failure to accommodate claim under the LAD. The Court also ruled that the  Read More arrow

April 11, 2019

Appellate Division Rejects Disability Claim Based on Obesity

In a case involving a claim under the New Jersey Law Against Discrimination (LAD), the Appellate Division rejected a plaintiff’s claim of perceived disability based on obesity because there was no direct or circumstantial evidence that defendants perceived the plaintiff to be disabled due to a medical condition that caused him to be overweight. Dickson  Read More arrow

April 1, 2019

Supreme Court Rules that Worker’s Compensation Claim Cannot Form Basis for LAD Claim

In a case involving the interaction between the New Jersey Law Against Discrimination and the New Jersey Worker’s Compensation Act, the Supreme Court recently held that a plaintiff who failed to attempt to enforce a worker’s compensation claim could not make a claim for failure to accommodate under the LAD, and further ruled that medical  Read More arrow

October 4, 2018

Arbitration Agreements — Waiver of Punitive Damage Claims Unenforceable

In a case involving an action under the New Jersey Law Against Discrimination (LAD), the Appellate Division recently held that an arbitration agreement signed by a discharged employee which barred the employee from suing for punitive damages was unenforceable because it violates public policy. Roman v. Bergen Logistics, et al., – N.J. Super. – (App.  Read More arrow

August 27, 2018

Courts Will Enforce Arbitration Agreements

In an unpublished opinion issued on August 23, 2018, the NJ Appellate Division enforced an arbitration agreement signed by an employee at the time of her hire, but the court invalidated the provision in that agreement that precluded the employee from seeking punitive damages. In Roman v. Bergen Logistics, a terminated employee sued her employer  Read More arrow

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

April 5, 2017

Federal District Court Gives Expansive View of the NJLAD and ADA

In Stewart v. County of Salem, 2017 U.S. Dist. LEXIS 50410 (D.N.J. 2017), the plaintiff was a corrections officer who fractured an ankle and was unable to walk or a stand for a full day. The court’s decision makes clear that under both the ADA and NJLAD, employees will be given a generous interpretation of  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