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
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 MorePregnant 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 MoreWhether 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 MoreBeing 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 MoreEmployers 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 MoreMisconceptions 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 MoreNo 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 MoreMany 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 MoreThe 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 MoreThe 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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