By Bruce Atkins | Published November 15, 2022 | Posted in Discrimination | Tagged Tags: retaliation claim | Comments Off on Employee’s Retaliation Claim Can Survive Reversal of Discrimination Award
Employee’s Retaliation Claim Can Survive Reversal of Discrimination Award
When 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 MoreMandatory Arbitration Clauses Are No Longer Enforceable in Sexual Harassment Claims
Although 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 Extends Age Discrimination Protection to Employees Over 70
New Jersey has expanded its law prohibiting discrimination against older workers, removing the upper age limit for an employee to be covered.
Read MoreWays to Protect Yourself if You Believe You’re Being Sexually Harassed
New 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 MoreProposed NJ Law Would Ban Employment Discrimination Based on Height and Weight
A 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
Read MoreU.S. High Court Rules Arbitration Clause Waived by Employer’s Delay in Opting to Enforce It
Arbitration provisions in employment agreements require employees to have their disputes decided by private judges, usually of the employer’s own choosing, rather than go to court. Employers generally benefit from these clauses. But the U.S. Supreme Court has now ruled that an employer might waive its right to compel arbitration by not making a timely Read More
Read MoreNJ Appeals Court Upholds Non-Disparagement Clauses in Employment Contracts
A recent decision by a New Jersey appeals court upholds the enforceability of contract provisions that forbid employers or employees from disparaging or impugning each other’s reputation. The ruling is notable because the court distinguished non-disparagement clauses from nondisclosure agreements (NDAs), which in many cases are unenforceable against employees or former employees under NJ law. Read More
Read MoreWhen is an Employer Liable for Sexual Harassment by a Co-worker?
Sexual harassment is a form of illegal discrimination that exists in public and private workplaces throughout the country. There are several different types and degrees of sexual harassment. Some employees use their authority, control or influence to coerce employees under them into accepting or tolerating sexual advances. However, harassment can also be peer-to-peer. One employee Read More
Read MoreFiling a Discrimination Claim With the Division on Civil Rights vs. Going Straight to Court
In New Jersey, an employee with a claim of discrimination has two options on how and where to pursue it. They can bring the matter to a state administrative body called the Division on Civil Rights (DCR) or they can go straight to court. Each option has advantages and disadvantages to be considered before proceeding. Read More
Read MoreWhat is the Difference Between Sexual Harassment and Sexual Assault?
Unfortunately, many people are victims of highly inappropriate behavior or violence that is sexual in nature, whether in or out of the workplace. In modern parlance, the terms “sexual harassment” and “sexual assault” are sometimes used interchangeably. But from a legal perspective, they are very different. Sexual harassment is a civil offense that gives the Read More
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Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
