By Bruce Atkins | Published July 15, 2023 | Posted in Discrimination | Tagged Tags: age discrimination, ministerial exceptions, NJLAD | Comments Off on NJ Appeals Court Expands Scope of Discrimination Law’s Ministerial Exception
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
Read MoreNew 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
Read MoreHow 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
Read MorePending 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
Read MoreNJ 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.
Read MoreEmployee’s Retaliation Claim Can Survive Reversal of Discrimination Award
When a retaliation claim is linked to the discrimination case, the proof the plaintiff needs to establish in the two cases is often intertwined. But in New Jersey, the claims are nonetheless distinct and are not codependent.
Read MoreMandatory Arbitration Clauses Are No Longer Enforceable in Sexual Harassment Claims
Although mandatory arbitration clauses are generally upheld by the courts, a federal law provides that these clauses do not apply to sexual harassment or sexual assault claims.
Read MoreNew Jersey Extends Age Discrimination Protection to Employees Over 70
New Jersey has expanded its law prohibiting discrimination against older workers, removing the upper age limit for an employee to be covered.
Read MoreProposed NJ Law Would Ban Employment Discrimination Based on Height and Weight
A New Jersey state senator in June introduced a bill that would make it illegal for employers to discriminate against someone because of their body size or shape. The measure, Senate Bill 2741, would expand the New Jersey Law Against Discrimination (NJLAD) to include height and weight as protected characteristics. If the bill becomes law, Read More
Read MoreFiling a Discrimination Claim With the Division on Civil Rights vs. Going Straight to Court
In New Jersey, an employee with a claim of discrimination has two options on how and where to pursue it. They can bring the matter to a state administrative body called the Division on Civil Rights (DCR) or they can go straight to court. Each option has advantages and disadvantages to be considered before proceeding. Read More
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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 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 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…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
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…
