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Employment Rights for Those Who Received Deferred Action

Since Congress has been unwilling to take up comprehensive immigration reform, the Obama administration instituted a deferred action program that grants temporary legal status to foreign-born individuals who entered the U.S. illegally as children and have remained here as contributing members of society. The deferred action order also allows those who qualify to obtain employment… Read More »

Unemployment Discrimination?

Since the start of the Great Recession in late 2007, many people who lost their jobs have been struggling to reenter the workforce. Making things more difficult, employers have shown a growing prejudice against unemployed job seekers. Some have gone so far as to flatly state that the unemployed need not apply. New Jersey legislators… Read More »

Weighing State and Federal Options in Job Discrimination Cases

Most people are aware that they have rights if they suffer discrimination at work or are victimized by a hostile work environment. However, many people do not understand the nuances of those rights. Federal and state laws work hand-in-hand to protect victims of discrimination. In most cases, workers can choose which process to use or… Read More »

The Role of the Administrative Process in Employment Litigation

Many people come to us eager for their day in court against an employer who treated them unjustly or refused to address on-the-job harassment. They are surprised, however, when we tell them that they first must file an administrative complaint with the Equal Employment Opportunity Commission (EEOC). The federal laws that prohibit employment discrimination make… Read More »

Job Terminations in New Jersey Are Sometimes Unlawful

Employment in New Jersey is “at will,” which means that employees work at the will of the employer, and the employer can fire an employee at any time for any reason — or for no reason. This is a pro-business policy that has been in place since the 19th century in most states. There are… Read More »

What Does Employment-at-Will Actually Mean?

Most states follow the common law doctrine of employment-at-will. This rule essentially states that, absent a contract to the contrary, an employee serves at the pleasure of his or her employer and can be terminated for any or no reason. Fortunately, while still in effect in most U.S. states, the doctrine of employment-at-will has been… Read More »

New Jersey’s Law Against Discrimination (LAD)

In the context of employment discrimination law, the federal statutes on the subject — the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, etc. — tend to get the most attention while the parallel state laws fall by the wayside. Employees in New Jersey, however, enjoy the protection of… Read More »

Scope of Those Entitled to Bring a New Jersey Discrimination Claim Expanded

The New Jersey Appellate Division in Cowher v. Carson & Roberts recently decided a case that dramatically expands the pool of plaintiffs that may bring a workplace discrimination action under New Jersey’s Law Against Discrimination (LAD). The court held that a man who was not Jewish could pursue a religious discrimination claim under LAD based… Read More »

Illegal Interview Questions

When you finally land an interview in these challenging times, it may be disheartening to find yourself being asked questions that make you uncomfortable. It helps to know employment discrimination is illegal and that you have rights. It also helps to know what questions are legal and illegal for potential employers to ask. You may… Read More »

What are the Different Types of Workplace Discrimination?

Discrimination in the workplace is rarely overt. Proving unlawful workplace discrimination in a courtroom can be difficult, and you need lawyers on your side who have employment discrimination experience. There are many different types of workplace discrimination, and corresponding laws that protect against them. Age: The Age Discrimination in Employment Act (ADEA) forbids age discrimination… Read More »