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Category Archive
Discrimination
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Proving Disparate Impact Employment Discrimination in New Jersey

New 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

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White House Calls for Scrutinizing AI Discrimination in Hiring

Artificial 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

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Reasons That At-Will Employees Can and Cannot be Fired in New Jersey

The 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

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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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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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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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How Can You Prove a Case of Sexual Discrimination at Your Job?

Federal and state laws prohibit workplace discrimination based on sex, gender and orientation, requiring employers to treat everyone equally when it comes to interviewing, hiring, paying, promoting, disciplining and firing. Title VII of the federal Civil Rights Act and New Jersey’s Law Against Discrimination (NJLAD) also give victims of discrimination the ability to hold employers Read More

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Pending New Jersey Bill Aims to End Discrimination Against Temporary Workers

New Jersey’s warehouse and e-commerce sectors are booming but the growth depends in large part on the state’s 125,000-plus temp workers, who are disproportionately Black and Latino, and who are routinely paid less than permanent workers. State lawmakers are working on a bill called The Temporary Workers’ Bill of Rights to extend equal rights to Read More

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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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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Partner

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

Carly Skarbnik Meredith Attorney Photo
Carly Skarbnik Meredith
Partner

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…

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