By Bruce Atkins | Published January 30, 2024 | Posted in Discrimination | Tagged Tags: COVID, NJ Division of Civil Rights, NJ LAD | Comments Off on Appellate Division Holds Post-COVID Symptoms Do Not Qualify Employee for Disability Status
Appellate Division Holds Post-COVID Symptoms Do Not Qualify Employee for Disability Status
Employment 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
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NJ Supreme Court Allows a Religious Organization Exemption to the Law Against Discrimination
Across 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
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Owner of Four NJ Dairy Queens Cited for Child Labor Violations
Working 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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New Law Offers Protection to New Jersey Service Workers
Numerous service workers know firsthand how it feels to get fired suddenly after months or years of hard work simply because ownership of their employer has changed hands. Even top employees have been terminated without warning simply because the new owner wanted to “bring in their own people.” Now, a new law gives service workers Read More
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Your Remedies for Discrimination Based on Recreational Marijuana Use
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act) is a comprehensive law that legalizes and regulates the adult-use of cannabis in the state. The 2021 statute also includes a number of important employee protections, including a prohibition on employers taking adverse action against employees for cannabis use outside of the Read More
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New Jersey Supreme Court Declares LAD Protects Sexual Abuse Victims
In a groundbreaking ruling, the New Jersey Supreme Court has held that victims of sexual abuse can bring legal action under the state Law Against Discrimination (LAD), the statute that prohibits discrimination on the basis of gender, race, religion, color, national origin, ancestry, age, marital status, affectional or sexual orientation, genetic information or disability. The Read More
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New Jersey’s Temporary Workers Bill of Rights Now in Effect
New Jersey has enacted landmark legislation that gives temporary workers in the state important new protections and rights, including the right to equal pay and benefits. The law also creates a private right of action that gives temporary workers a powerful remedy to enforce their rights. The Temporary Workers’ Bill of Rights, which took effect Read More
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NJ Law Against Discrimination Can Apply to NJ Company’s Out-of-State Employee
In a recent landmark ruling, a federal court has allowed an out-of-state employee to pursue a discrimination claim under New Jersey law. The ruling is the first of its kind in the state and has the potential to impact thousands of employees who work remotely for New Jersey-based companies. Although the case concerned claims of Read More
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Recognizing the Signs that You’ve Been Wrongfully Terminated
New Jersey is an at-will employment state, meaning that an employee can be fired for most any reason or for no reason at all. But there are exceptions to this general rule. Certain actions by employers can constitute wrongful terminations, for which employees can sue under state or federal law. Reading the signs that your Read More
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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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