Employers Not Always Required to Maintain Pre-Disability Status

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 »

Transgender Workers Protected under New Jersey Law Against Discrimination

Last updated Sept. 29, 2017. In the past decade, LGBTQ human rights have dominated the news — and for good reason. From various states approving of civil unions to a crackdown on discrimination based on gender identity, the United States has made significant progress toward extending its equal rights to all. But more needs to… 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 »

FMLA More Than 12 Weeks? Here’s What to Know

Last updated April 21, 2017. Illness happens to nearly all of us — or to our spouses, children, or parents — over the course of our working lives. Further, some conditions like cancer, heart disease, and depression are recurring and necessitate a series of temporary medical leaves. Fortunately, the federal Family and Medical Leave Act (the… Read more »

Supreme Court Safeguards the Religious Freedom of Employees in Failure-to-Hire Case

While the 2015 Supreme Court term saw a lot of dissension and split decisions, the high court ruled definitively, 8-1, in favor of job applicants seeking protection from religious discrimination in employment under federal law. Specifically, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the Court ruled that, to prove discrimination under… Read more »

Can a NJ Employer Ask Job Applicants About Their Criminal History?

Last updated June 28, 2017. A job search can be tough even in the best of circumstances. However, in a sluggish economy, with many applicants for each open position, getting past the interview process and getting hired is more challenging than ever. For those with a criminal record, just obtaining an initial interview can be… Read more »

Are Discrimination Lawsuit Settlements Taxable?

Last updated May 30, 2017. So you’ve finally settled your employment lawsuit — what a relief! Now you don’t have to concern yourself with the strength of your case, the pace at which it is proceeding, or whether or not it will resolve without a trial. You do, unfortunately, have to concern yourself with the tax… Read more »

Workers’ Compensation Retaliation: Legal Remedies in New York and New Jersey

Last updated June 28, 2017. Both New York and New Jersey workers who suffer a workplace injury or contract an illness as a result of work are entitled to workers’ compensation through their employers. As a practical matter, this typically means that a worker reports his or her workplace injury/illness to the employer within a… Read more »