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Proving Disparate Impact Employment Discrimination in New Jersey

New Jersey law prohibits discrimination in employment. Most often, illegal discrimination takes the form of conduct that deliberately treats people differently based on their membership in a protected class. However, certain policies and practices — even if neutral on their face — might unduly impact employees in a protected class. This is known as disparate Read More

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White House Calls for Scrutinizing AI Discrimination in Hiring

Artificial intelligence (AI) is rapidly transforming modern businesses, notably in how they recruit and hire employees. AI tools offer efficiency and speed in sifting through resumes and applications and in curating talent. However, the increased use of these tools has raised concerns about their potential to perpetuate or even intensify discriminatory practices. Addressing this fear, Read More

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Reasons That At-Will Employees Can and Cannot be Fired in New Jersey

The majority of New Jersey workers are at-will employees, which simply means they are not under contract with the company they work for. They remain employed for only as long as their employer decides they are needed. An employer doesn’t need to have a justification for terminating them. However, there are laws protecting at-will employees Read More

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Appellate Division Holds Post-COVID Symptoms Do Not Qualify Employee for Disability Status

Employment discrimination against individuals with a disability is prohibited by the New Jersey Law Against Discrimination (LAD). This is not in dispute, but determining exactly what qualifies a worker for disability status can lead to serious conflict, and sometimes even litigation. In June 2023, a case before the New Jersey Superior Court’s Appellate Division tested Read More

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NJ Supreme Court Allows a Religious Organization Exemption to the Law Against Discrimination

Across the country, there have been legal clashes between workers and the religious institutions that employ them, with each side seeking to exercise what they believe to be their fundamental rights. Courts often have to step in when churches, religious schools and other faith-based organizations institute conflict with anti-discrimination laws that purportedly protect all employees. Read More

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Owner of Four NJ Dairy Queens Cited for Child Labor Violations

Working at a Dairy Queen or other fast-food establishment is a rite of passage for many teenagers throughout the United States. However, these restaurants are subject to the same laws as other employers, and their owners can face serious penalties if they take advantage of their younger workers. In October 2023, the U.S. Department of Read More

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New Law Offers Protection to New Jersey Service Workers

Numerous service workers know firsthand how it feels to get fired suddenly after months or years of hard work simply because ownership of their employer has changed hands. Even top employees have been terminated without warning simply because the new owner wanted to “bring in their own people.” Now, a new law gives service workers Read More

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Your Remedies for Discrimination Based on Recreational Marijuana Use

The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act) is a comprehensive law that legalizes and regulates the adult-use of cannabis in the state. The 2021 statute also includes a number of important employee protections, including a prohibition on employers taking adverse action against employees for cannabis use outside of the Read More

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New Jersey Supreme Court Declares LAD Protects Sexual Abuse Victims

In a groundbreaking ruling, the New Jersey Supreme Court has held that victims of sexual abuse can bring legal action under the state Law Against Discrimination (LAD), the statute that prohibits discrimination on the basis of gender, race, religion, color, national origin, ancestry, age, marital status, affectional or sexual orientation, genetic information or disability. The Read More

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New Jersey’s Temporary Workers Bill of Rights Now in Effect

New Jersey has enacted landmark legislation that gives temporary workers in the state important new protections and rights, including the right to equal pay and benefits. The law also creates a private right of action that gives temporary workers a powerful remedy to enforce their rights. The Temporary Workers’ Bill of Rights, which took effect Read More

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