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You Can Lose Your Case if You Don’t Follow the Rules

When a plaintiff files a lawsuit, the plaintiff often focuses on the facts of the case and the law that pertains to those facts. The plaintiff should prevail when the law supports the plaintiff’s allegations, and the plaintiff should lose when the law supports the defendant’s allegations. But there is another way that a plaintiff Read More

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Why Claims of Racial Discrimination Against Paula Deen Were Dismissed

Celebrity chef Paul Deen has certainly been in the news this summer. As a defendant in a $1.2 million lawsuit filed by a former employee of Deen’s restaurants, Deen was deposed on May 17. During that deposition, Deen admitted that she had used a racial slur in the past. That revelation cost Deen her job Read More

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Why Congress Needs to Pass the Pregnant Workers Fairness Act

Pregnant workers face unique challenges in the workplace. Often pregnant workers are subjected to harassment, discrimination and wrongful termination. There are several laws on the books right now that can be used to protect the rights of pregnant workers, such as: The Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for Read More

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Former Employees Sue Local Defense Contractor for Age Discrimination Terminations

On August 14, 2013, 12 former employees of Mission Solutions Engineering (MSE) filed suit in federal court alleging that their terminations constituted age discrimination. The plaintiffs are seeking back pay, damages and counsel fees. According to the local press, the company, located in Moorestown, New Jersey, is a defense contractor. In January 2012, the company Read More

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What to Do if Your Employer Discriminates Against You Because of Your Weight

Move to Michigan! I hate to be so blunt, but that seems to be the best solution given a recent New Jersey Superior Court decision permitting weight discrimination in the workplace. Those who are discriminated against in New Jersey workplaces are protected by state and federal laws against discrimination based on: Race National origin Age Read More

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Does Rutgers Have the Right not to Renew Someone’s Employment Contract?

The question about contract renewal is yet to be settled when that person is the former assistant coach of the Rutgers Scarlet Knights basketball team, Eric Murdock. The scandal involving head coach Mike Rice Jr., fired for harassment and intimidation of players, began when Murdock requested copies of practice videos. These videos showed Rice cursing Read More

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Rutgers Basketball Is a Lesson Learned About Harassment and Intimidation

Learning at Rutgers University isn’t limited to the classroom. There are lessons to be learned even on the university’s basketball court. That’s where players suffered verbal and physical assaults by then head coach Mike Rice Jr. beginning in 2010. Rice’s coaching style included cursing at players, shoving them, and throwing basketballs at their heads. When Read More

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Why Teens Under 18 Can’t Be Stronger Than the Storm

It’s a catchy tune. Referring to last year’s superstorm Sandy, Governor Chris Christie wants everyone to know that New Jersey is stronger than the storm. But what you might not know is that New Jersey labor law effectively prohibits young volunteers from helping rebuild our shore communities devastated by the storm. As recently reported in Read More

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Discrimination Whistleblowers Deserve Retaliation Protection Even When No Victim Is Identified

Discrimination law in New Jersey was made clearer on July 17, 2013 with a New Jersey Supreme Court decision against the United Parcel Service (UPS). In October 2005, a UPS manager, Michael Battaglia, reported to his superiors about allegedly sexually suggestive remarks made by another employee, Wayne DeCraine, about a female employee, despite the fact Read More

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What Is an “Employee” in Employee Discrimination Cases?

Whether a person is an “employee” is a frequent threshold issue in both state and federal employment discrimination and harassment cases. As the use of independent contractors becomes more prevalent in our economy, this question has become more common — and more difficult to answer. While the law is clear that employment discrimination laws do Read More

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