Posts Categorized: Workplace Discrimination

Age Discrimination at Work: How to Recognize It, How to Protect Yourself From It

Recently, Bloomberg News published The New Face of American Unemployment.  The article profiles five individuals representative of Americans struggling to find work in a still-challenging economy.  Among those profiled is Mike Schlager, a 55-year-old Information Systems manager who lost his job after a change in management and, after one year, is still looking for alternative… Read more »

Time Off From Work For Religious Observances: What Is Reasonable and What Is An Undue Hardship?

What do observant Orthodox Jews, Seventh-Day-Adventist Christians and Muslims have in common? (And no, this is not the set-up for a punchline). If they work for a living, then the answer is that – absent special circumstances – they often need to ask their employers for time off to observe the tenets of their faith…. Read more »

What Does Pregnancy Discrimination in the Workplace Look Like?

Bias against pregnant employees continues to be a problem across all kinds of industries and wage levels.  At the same time, employers are more savvy about potential pregnancy discrimination lawsuits than ever before, often relying on a team of seasoned HR professionals to assist them in dealing with pregnant workers. As such, when pregnancy discrimination… Read more »

Can My Employer Discriminate Against Me Because I’m Separated or Divorced?

The New Jersey Law Against Discrimination (the “LAD”) has long prohibited employers from discriminating against workers based on their “marital status” as “single” or “married” individuals. But what does that mean for workers who are separated or divorced? The New Jersey Supreme Court recently answered that question in the case of Smith v. Millville Rescue… Read more »

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 »

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 »

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 »

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 »

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 »