By Bruce Atkins | Published June 17, 2022 | Posted in Employment Law | Tagged Tags: hostile work environment, workplace discrimination | Comments Off on Proving a Hostile Workplace Discrimination Claim
Proving a Hostile Workplace Discrimination Claim
The workplace is supposed to be a professional and safe environment where people can do their jobs without interference. Unfortunately, some people bring discriminatory attitudes and behaviors to work, to the annoyance of subordinates or co-workers. In New Jersey, if the conduct is sufficiently severe or pervasive, it can create a hostile work environment, which Read More
Read MoreWhy Congress Needs to Pass the Pregnant Workers Fairness Act
Pregnant workers face unique challenges in the workplace. Often pregnant workers are subjected to harassment, discrimination and wrongful termination. There are several laws on the books right now that can be used to protect the rights of pregnant workers, such as: The Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for Read More
Read MoreWhat Is an “Employee” in Employee Discrimination Cases?
Whether a person is an “employee” is a frequent threshold issue in both state and federal employment discrimination and harassment cases. As the use of independent contractors becomes more prevalent in our economy, this question has become more common — and more difficult to answer. While the law is clear that employment discrimination laws do Read More
Read MorePotential Relief in Employment Discrimination Cases
Being the victim of workplace discrimination can be a jarring experience. Not only can it result in thousands of dollars in lost wages, but also the stress and humiliation associated with it can negatively impact your quality of life. The psychological stresses of working in a hostile work environment can rise to the level of Read More
Read MoreHolding Your Employer Accountable for Discrimination by Co-workers
Employers are clearly liable for instances of employment discrimination and harassment they themselves perpetrate. Likewise, they are usually liable for instances of discrimination and harassment by managers and supervisors they employ. What you may not realize, however, is that under some circumstances your employer can be liable for harassment perpetrated upon you by your co-workers. Read More
Read MoreCommon Misconceptions About Workplace Discrimination
Misconceptions and myths about workplace discrimination have a habit of spreading like wildfire. Unfortunately, they can cause harm. If you believe you are the victim of discrimination, don’t do anything until you speak to a lawyer. Chances are you’ve heard some of the following misconceptions before: If you report workplace discrimination your employer can fire Read More
Read MoreWhat to Do if You are Discriminated Against in the Workplace
No one should have to tolerate workplace discrimination. If you find yourself being the victim of work place discrimination, don’t hesitate in taking action — discrimination of protected classes is illegal and you deserve better. Below are the steps to take if you find yourself the victim of discrimination at work: Check your company’s HR Read More
Read MoreNew Jersey Law Against Discrimination Retaliation Claims
Many people suffer discrimination in the workplace but are hesitant to complain because they are concerned that their employer or supervisor may engage in some form of retaliation. The New Jersey Law Against Discrimination (LAD) specifically prohibits an employer from exacting retribution against an employee for reporting discrimination based on traits like gender, race, sex 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
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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 regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005. This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins brings…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigations 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 some of his clients, including a $525,000 jury verdict in…
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…
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5.0/5.0I don’t usually write many reviews, but in early 2021 I was asked if I wanted to write an update to my initial review talking about my experience as a client, so I said “yeah I want to talk, but for just a minute.” After a long and voluminous l...
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5.0/5.0
Diane Englander Peyser and Bruce Atkins provided extensive subject matter knowledge and guided us through very complicated legal system; resulting in positive outcome that we could not have achieved on our own. Great office atmosphere with friendly a...
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5.0/5.0
I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...
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5.0/5.0
I am grateful to Bruce and his firm for his professionalism and guidance. His experience and calm demeanor really helped me through a tough case. He settled it very quickly which allowed me to put it behind me and move on. I highly recommend Bruce.
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5.0/5.0
Having been a litigation attorney myself, I've seen it all from the "inside". I know that far too many lawyers care only about profit and have very little interest in the actual law or their clients. So I was very careful in selecting an attorney t...
