Can I Sue My Employer for Outsourcing My Job Under Federal or New Jersey Anti-Discrimination Laws?

It’s been a big news year for the H1-B and H2-B visas.  In the fall of 2015, twenty-seven former Disney IT employees filed complaints with the EEOC, claiming that their termination and replacement with H1-B visa workers amounted to illegal discrimination.  While the EEOC has yet to issue a determination on the employees’ complaints, the… Read more »

The New Jersey Prevailing Wage Act: Making Sure You Receive Your Legal Rate of Pay

Construction and trade employees often find that their employer has contracted them out to work on building and repair projects for public entities like schools, counties and municipalities. What those employees may not know is that, under New Jersey law, they may be legally entitled to a state-mandated rate of pay. The New Jersey Prevailing Wage Act (“NJPWA”)… Read more »

What To Do If You Believe You’re Being Discriminated or Retaliated Against At Work

State and federal law prohibits employers from discriminating and/or retaliating against workers for their membership in a protected class (such as race, age or gender), or their whistle-blowing activity. However, these laws provide a remedy to employees via a lawsuit filed after the employer has already committed unlawful discrimination/retaliation.  How can employees protect themselves from… Read more »

Can My New Jersey Employer Force Me To Take A Drug Test? What About a Psychiatric Exam?

When The Testing Occurs Matters Very generally speaking, laws such as the federal Americans With Disabilities Act prohibit employers from requiring individuals to submit to medical testing before they are hired, and even before an offer of employment has been made. This means that employees are protected from testing in the early stages of job… Read more »

Employment and Military Service: Job Protection for Those Who Protect Us

Employment and Military Service: Job Protections for Those Who Serve Serving our country in the armed forces demands a level of bravery and self-sacrifice that should be honored and rewarded.  For that reason, both federal and New Jersey law provide members of the military certain protections in their civilian employment against discrimination due to their… Read more »

Under Certain Circumstances, Employer Not Required to Maintain Disabled Employee’s Compensation or Job Status at Pre-Disability Level

  So ruled the court in Jones v. Aluminum Shapes, Inc., __ N.J. Super. __, 2001 WL 406175 (App. Div. 2001). This decision clarifies the “reasonable accommodation” requirement of the New Jersey Law Against Discrimination (“NJLAD”) and the Americans With Disabilities Act (“ADA”). Background Facts The plaintiff in the case, James Jones, was a long-standing… 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 »

New Jersey Supreme Court Rules That “Watchdog” Employees Can Be Protected As Whistleblowers

In 2014, we posted on this blog about a legal question that had yet to be definitively resolved in New Jersey: namely, whether whistleblowing employees are protected under the Conscientious Employee Protection Act (“CEPA”) when their job duties require them to monitor and report on the legality of their employer’s conduct. These “watchdog” employees include… Read more »