Posts Categorized: Workplace Discrimination

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 »

Can NJ Employers Ask Job Applicants about Their Criminal History?

NJ Background Check Laws

Last updated March 27, 2018. 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?

Discrimination Settlements Taxable

Last updated March 13, 2018. 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 »

NJLAD Statute of Limitations: When to File Your Employment Claim

new jersey law against discrimination statute of limitations

Last updated March 27, 2018. Like all legal claims, claims in New Jersey against your employer are time-barred, or prohibited, beyond a certain amount of time that is set by statute (commonly referred to as the “statute of limitations”). This raises a couple of very important questions: First, how long is the statute of limitations… Read more »

Can My Employer Retaliate Against Me After I Am No Longer Employed By The Company?

Last edited Aug. 31, 2018. Most workers in New Jersey are aware that the state’s Law Against Discrimination (LAD) prohibits employers from discriminating against employees on certain bases, such as race, age, sex, sexual orientation, and gender identity. After all, New Jersey law requires that employers within the state post a notice about the LAD… Read more »

How Long Does a Discrimination Case Take?

Discrimination Settlements Average New Jersey New York

Last updated Dec. 29, 2017. When consulting with potential clients, one question always arises: If I sue my employer, how long will it take before I see a resolution of my claim? It’s a very good question, but unfortunately, there’s no hard-and-fast answer, since the pace of any employment lawsuit depends on the underlying circumstances…. Read more »

Your Annual Performance Evaluation: Some Legal Considerations

Performance Evaluation Discrimination NJ

Last updated February 8th, 2019 When it comes to be that time of year again — the dreaded annual performance review — are you ready? Obviously, performance evaluations play a big role in your continued employment and advancement within your company. Beyond this, performance evaluations can play an important contributing role as evidence in employment… Read more »

Forced to Quit Your Job Due to Harassment? Constructive Discharge in NJ

Resignation Due to Harassment New Jersey New York

Last updated Dec. 29, 2017. Discrimination and harassment on the job can inflict such mental and emotional stress that, understandably, many workers wonder whether they should simply just quit. Indeed, when faced with unwanted sexual advances from a supervisor, racially charged jokes from co-workers, or daily acts of petty retaliation, resigning may seem like the… Read more »

Mental Illness Discrimination in the NJ Workplace: Your Rights

Mental Health Discrimination Workplace NJ

Last updated May 30, 2018. Mental illness strikes many people at some point in their working lives. According to the National Institute of Mental Health, some 6.7% of adult Americans suffer a major depressive episode within a given year, while a staggering 18% suffer from an anxiety disorder within a given year. These conditions, if… Read more »