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NJ Employers May Not Discriminate Against Recreational Marijuana Users

The New Jersey statute legalizing marijuana use also prohibits employers from discriminating against employees found to have cannabis in their systems.

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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.

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Mandatory 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.

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New 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.

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Ways 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

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Proposed 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

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U.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

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NJ 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

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When 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

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Filing 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

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