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High Court Lightens Employees’ Burden of Proof in Religious Bias Cases

Freedom of religion is a constitutional right and faith is an important part of the lives of many Americans. For some of the particularly devout, religious duties and practices can impact their jobs in ways that might not be entirely consistent with their employers’ modes of operating. Employers are required to make reasonable accommodations for Read More

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A Discrimination Claimant’s Social Media Posts Are Subject to Discovery, But Only to a Point

Like millions of Americans, you might use social media frequently to relate news about social events or personal accomplishments, or just to comment on current affairs. Although you share these posts with a wide audience, you probably never think the material could one day become evidence in court. Yet, that is quite the possibility. In Read More

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New Federal Law Expands Protections for Pregnant Workers

Pregnancy poses special challenges for working women. If you’re a pregnant worker, you might need to change your work space, forego or modify some of your normal tasks or take off work for medical care. However, employers are not always willing to make all of the accommodations that may be needed. Fortunately, a new federal Read More

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How Remote Employees Can Be Subject to Online Sexual Harassment

Sexual harassment plagues workplaces across the country, from corporate offices to fast-food restaurants. Perhaps surprisingly, the transition to remote work prompted by the Covid pandemic has not abated the problem. Although lack of physical contact would seem to present fewer opportunities for one person to harass another, workers are often victimized by online sexual harassment. Read More

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NJ Appeals Court Expands Scope of Discrimination Law’s Ministerial Exception

State and federal laws protect employees from discrimination on account of their religion or other protected personal characteristics. However, there is a major exception. The U.S. Supreme Court in 2012 ruled that the First Amendment’s Free Exercise and Establishment Clauses prevent courts from applying anti-discrimination laws to religious organizations hiring or firing ministers. For example, Read More

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How New Jersey’s Mini-WARN Act Protects Workers Facing Downsizing

Mass layoffs can hit workers at even the largest companies, whether as the result of economic conditions or mismanagement or both. Downsizing is worse still when it takes workers by surprise, leaving them no time to prepare for finding new employment. Federal and state laws are in place to ease the transition for workers in Read More

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What You Should Know About the New Jersey Temporary Workers’ Bill of Rights

Thousands of people are hired in New Jersey every year to work in warehousing, manufacturing, transportation and other fields — many by temp agencies who farm them out on a contract basis. Temp workers historically have been denied protections afforded to permanent employees, making them vulnerable to wage theft, unfair working arrangements and other abuses Read More

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How the Speak Out Act Curtails the Use of NDAs Relating to Sexual Harassment

The MeToo movement has succeeded in exposing, in vivid detail, the ways in which powerful people committed acts of sexual harassment, sometimes for decades, without suffering consequences. The perpetrators of these acts were often the victims’ bosses or others in positions of authority. As such, victims who agreed to monetary settlements instead of taking legal Read More

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New Jersey Bill Targets Artificial Intelligence Discrimination in Hiring

The use of artificial intelligence tools in the modern workplace has sparked all sorts of reactions, from people warning that AI will replace white collar workers to people urging workers to think of AI as a job aid they can use to become more productive. But one of the questions for lawmakers right now has Read More

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Proposed FTC Rule Would Ban Most Non-Compete Agreements

Non-compete agreements limit employees’ options after they leave a job. Sometimes the non-compete might have a geographic restriction, stopping an employee from working within a certain radius or in nearby cities or counties. Other times, the contract might prevent an employee from working for specific competitors or in certain lines of business. The intent of Read More

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