By Bruce Atkins | Published January 30, 2023 | Posted in Discrimination | Tagged Tags: NJLAD, prima facie elements, Title VII | Comments Off on How Can You Prove a Case of Sexual Discrimination at Your Job?
Federal and state laws prohibit workplace discrimination based on sex, gender and orientation, requiring employers to treat everyone equally when it comes to interviewing, hiring, paying, promoting, disciplining and firing. Title VII of the federal Civil Rights Act and New Jersey’s Law Against Discrimination (NJLAD) also give victims of discrimination the ability to hold employers Read More
Read MoreThe federal Family Medical Leave Act (FMLA) gives many employees the right to take up to 12 weeks of unpaid leave per year to take care of their own serious medical conditions or those of family members. However, employers sometimes fail to comply with the FMLA by disallowing leave, by cutting the pay of employees Read More
Read MoreThe difference between an independent contract and an employee is a major point of friction in employment law. Companies often misclassify workers as independent contractors, either intentionally or by mistake. When done intentionally, it’s usually an effort to save money by not having to pay for a worker’s health insurance and other benefits and not Read More
Read MoreNew Jersey’s warehouse and e-commerce sectors are booming but the growth depends in large part on the state’s 125,000-plus temp workers, who are disproportionately Black and Latino, and who are routinely paid less than permanent workers. State lawmakers are working on a bill called The Temporary Workers’ Bill of Rights to extend equal rights to Read More
Read MoreThe New Jersey statute legalizing marijuana use also prohibits employers from discriminating against employees found to have cannabis in their systems.
Read MoreWhen a retaliation claim is linked to the discrimination case, the proof the plaintiff needs to establish in the two cases is often intertwined. But in New Jersey, the claims are nonetheless distinct and are not codependent.
Read MoreAlthough mandatory arbitration clauses are generally upheld by the courts, a federal law provides that these clauses do not apply to sexual harassment or sexual assault claims.
Read MoreNew Jersey has expanded its law prohibiting discrimination against older workers, removing the upper age limit for an employee to be covered.
Read MoreNew Jersey’s Law Against Discrimination (NJLAD) prohibits sexual harassment in the workplace. You are protected whether you are a full- or part-time employee, an intern or a volunteer. Yet, workers across the state are still subjected to harassment, whether through direct action or through tolerance of a hostile workplace. If you believe you are a Read More
Read MoreA New Jersey state senator in June introduced a bill that would make it illegal for employers to discriminate against someone because of their body size or shape. The measure, Senate Bill 2741, would expand the New Jersey Law Against Discrimination (NJLAD) to include height and weight as protected characteristics. If the bill becomes law, Read More
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