Under the federal Title VII of the Civil Rights Act of 1964 and New Jersey’s Law Against Discrimination (LAD) workers are protected from sexual harassment in the workplace. There are two kinds of sexual harassment; (1) quid pro quo –agreement to perform sexual favors to receive a benefit (promotion, raise,…
New Jersey is one of the states comprising the United States Court of Appeals for the Third Circuit. In considering the scope of protections afforded workers by Title VII of the Civil Rights Act of 1964, 42 U.S.C § 2000 et seq. (“Title VII”), our Third Circuit defines an “employee”…
Under Title VII of the Civil Rights Act of 1964 and under New Jersey’s Law Against Discrimination, it is unlawful for an employer to discriminate against an employee with respect to his/her compensation, terms, conditions, or privileges of employment because of the employee’s sex or gender. In such a circumstance,…
To deny an employee a transfer to a lateral employment position because of his or her protected class characteristic, e.g., race/color, religion/creed, sex/gender, national origin/ancestry, age, disability, or sexual orientation, is a violation of The Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e et, seq. (1964) (“Title…
Mashel Law, L.L.C. recently filed a class action lawsuit in the United States District Court of New Jersey against Lyft, Inc. (Lyft) on behalf of current and former Lyft drivers who entered contracts with Lyft to receive a portion of the fare Lyft charges customers, that is, the fare charged…
Under the federal American with Disabilities Act (“ADA”), and the New Jersey Law Against Discrimination (“LAD”), a disabled employee is entitled to be reasonably accommodated by their employer so long as to do so does not create an undue hardship for the employer or coworkers. However, for an employee to…
The federal Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654 and New Jersey Family Leave Act (“NJFLA”) N.J.S.A. 34:11B-1 et. seq. permits employees to take 12 weeks of protected unpaid leave when they or their immediate family suffer a serious medical condition or for a new born child. This allows the…
Many professions require a person to be licensed before they can work in their chosen field such as medicine, nursing, law, dentistry, teaching, accounting, pharmacy, psychology, engineering, and architecture, to name a few. Many, if not all, of these professions require the practitioner to adhere to a professional code of…
It can generally be said that before you can recover money for an injury someone else needs to be found at fault for causing the injury. However, when you suffer an injury at work, the New Jersey Workers’ Compensation Act N.J.S.A. 34:15-36, requires employers to “insure” workers, regardless of fault,…
The federal Age Discrimination in Employment Act of 1967 (“ADEA”) and the New Jersey Law Against Discrimination (“NJLAD”) prohibit employers from discriminating against people because of their age. This includes a list of forbidden practices such as considering age when hiring and firing, compensation, assignment, transfer, promotion, use of company…