By Bruce Atkins | Published June 4, 2024 | Posted in Harassment | Tagged Tags: Hostile workplace, NJLAD, sexual harassment | Comments Off on NJ Bill Would Make It Easier to Prove Hostile Workplace Sexual Harassment
A bill pending in the New Jersey Legislature is aimed at lowering the standard for proving hostile workplace sexual harassment under the New Jersey Law Against Discrimination (NJLAD). If passed, Assembly Bill 2443 would codify the definition of hostile workplace sexual harassment as conduct that occurred because of a person’s sex and which a reasonable Read More
Read MoreA noncompete agreement is a contractual obligation between an employer and an employee that typically prohibits the employee from working for a competing business or starting a competing business for a specified period after the employment relationship ends. These agreements often include geographic restrictions as well. The intent is to protect the employer’s business interests, Read More
Read MoreIn a significant decision for New Jersey workers, the New Jersey Supreme Court ruled in that non-disparagement clauses cannot be used to silence victims of discrimination, harassment, or retaliation in employment or settlement agreements. Non-disparagement clauses, often included in employment contracts and settlement agreements, are designed to prevent individuals from making negative statements about their Read More
Read MoreFor decades, New Jersey has been at the forefront of laws against discrimination in the workplace, including harassment of employees based on race, ethnicity, faith, gender and other personal characteristics. One type of harassment is the creation or tolerance of a hostile work environment. This means subjecting employees to unwelcome conduct that is severe or Read More
Read MoreNew 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
Read MoreArtificial 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
Read MoreThe 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
Read MoreEmployment 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
Read MoreAcross 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
Read MoreWorking 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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