Monthly Archives: September 2015

Employers Not Always Required to Maintain Pre-Disability Status

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Last updated Aug. 31, 2017. Under certain circumstances, employers are not required to maintain a disabled employee’s compensation or job status at their pre-disability level if they are to become disabled. So ruled the court in Jones v. Aluminum Shapes, Inc. This 2001 decision clarifies the “reasonable accommodation” requirement of the New Jersey Law Against… Read more »

Transsexuals Are Protected Under The New Jersey Law Against Discrimination (“LAD”)

In a case of first impression, New Jersey’s Appellate Division recently held in Enriquez v. West Jersey Health Systems, 2001 WL 741271, __ N.J. Super. __ (App. Div. 2001) that employers cannot discriminate against an employee because he or she is a transsexual. The plaintiff in the case, Carla Enriquez, M.D. was born biologically a… Read more »

Employee With Direct Evidence of Discrimination in Job Training Need Not Show Adverse Employment Action To Bring ADA Claim

So ruled the federal appeals court for the Seventh Circuit in Hoffman v. Caterpillar, Inc., 11 AD Cases 1674 (7th Cir. 2001). The employee in question had no lower left arm; her job duties involved scanning documents. She filed a “disparate treatment” claim under the ADA after her supervisor refused to train her on a… Read more »

Disciplining Employees Based On Religious Views of Homosexuality May Be Actionable

A recent Eighth Circuit decision indicates that employers that give employees negative reviews for opposing homosexuality on religious grounds may be held liable for discrimination. In Phillips v. Collings, 86 FEP Cases 411 (8th Cir. 2001), a supervisor had previously given the plaintiff social worker adequate or good evaluations. However, after the social worker told… Read more »