By Bruce Atkins | Published May 30, 2023 | Posted in Employment Law, Harassment | Tagged Tags: New Jersey Law Against Discrimination, nondisclosure agreements, sexual harassment, Speak Out Act | Comments Off on How the Speak Out Act Curtails the Use of NDAs Relating to Sexual Harassment
How the Speak Out Act Curtails the Use of NDAs Relating to Sexual Harassment
The MeToo movement has succeeded in exposing, in vivid detail, the ways in which powerful people committed acts of sexual harassment, sometimes for decades, without suffering consequences. The perpetrators of these acts were often the victims’ bosses or others in positions of authority. As such, victims who agreed to monetary settlements instead of taking legal Read More
Read MoreDifficulties in Exposing Race as a Motivating Factor in New Jersey Workplace Discrimination Cases
Although race-based discrimination in the workplace still exists, those who allow race to influence their employment decisions or actions are typically much more subtle. It is not unheard of for a supervisor to utter a racial slur, make disparaging comments toward employees of color or write bigoted racially motivated comments. Discrimination by supervisors is based Read More
Read MoreScope 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
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 MoreHow Your Employment Contract Can Impact an Employment Discrimination Claim
When executing an employment contract with an employer, the importance of having a lawyer review the contract promptly can hardly be overstated. The importance of seeking legal advice regarding a prospective employment contract is illustrated by the recent decision Gavin vs. AT&T SERVICES, INC. In this case, a federal judge in New Jersey rejected an Read More
Read MoreProposed Legislation May Significantly Expand Back Pay in New Jersey Wage Discrimination Cases
Pending legislation could dramatically expand the right of New Jersey employees to recover back pay based on wage discrimination claims. Senate Bill No. 1933/Assembly Bill 2650 would amend the New Jersey’s Law Against Discrimination (NJLAD), delineating the initial discriminatory act or decision as a “continuing violation” each time compensation is provided to the affected employee. 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 MoreFiling a Complaint of Discrimination
Figuring out how, where, and when to bring an action against your employer for discriminatory practices can be daunting for many people. Complaints can be filed on the state or federal level depending on the circumstances. And on the state level a complaint under the New Jersey Law Against Discrimination (LAD) may be brought to 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…
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, 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.…
