Discriminated or Retaliated Against at Work? What to Do

Last updated July 31, 2018. State and federal law prohibits employers from discriminating or retaliating against workers on any of several specified bases ( (such as a worker’s race, age, gender, or whistle-blowing activity). Unfortunately, some employers still choose to discriminate or retaliate despite those prohibitions. Although the laws provide a remedy to employees, permitting them to… Read more »

NJ Drug Testing Laws: Can My Employer Force Me to Take a Drug Test?

Last updated March 27, 2018. If you’ve just gotten a job offer, congratulations! What you may be wondering next if you live in New Jersey is when a drug test may occur with your new employer, or if you’re already employed, how often you can be tested. As we’ll discuss below, when the testing occurs… Read more »

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

Last updated Sept. 29, 2017. 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 military status. This post will… Read more »

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 June 4, 2018. 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 Longer Than 12 Weeks? Here’s What to Know

Last updated July 31, 2018. 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, with treatment requiring a series of temporary medical leaves. Fortunately, the federal Family and Medical Leave Act… 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 »