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 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 MoreFormer 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
Read MoreOverview of New Jersey Age-Based Employment Discrimination Claims
The litigation of an age discrimination claim under New Jersey’s Law Against Discrimination (LAD) involves a complex burden shifting process. This three-part burden shifting framework was created by the U.S. Supreme Court in McDonnell Douglas Corp v. Green and applied in New Jersey cases like Zive v. Stanley Roberts, Inc. Because understanding how to prove Read More
Read MoreI’m Almost Ready to Retire and I was Fired. Do I have any Rights?
In addition to rights granted to older workers under federal law, the New Jersey Law Against Discrimination (LAD) affords protections to a number of classes of citizens. One of the protected classes under the LAD is age. The law protects persons who are seeking a job as well as those who already have one, making Read More
Read More5 Indicators That You May Have Grounds For a Discrimination Lawsuit
Discrimination isn’t always overt. It may be veiled in claims of decreased productivity or other behavior. However, there are some red flags to look out for. Here are a few examples. A waitress is being continually advised to retire and soon begins receiving inferior shifts and table assignments. The waitress may have an age discrimination Read More
Read MoreActress Sues for Age Discrimination
An age discrimination case in the current news has caught the attention of pop culture. This is because an actress is suing the Internet Movie Database (IMDb) for revealing her age on its website. The woman had a subscription to IMDbPro in order to showcase her acting credits. The suit alleges that the site took 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…
