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,…
New Jersey Employment Attorneys Blog
DENYING AN EMPLOYEE’S LATERAL TRANSFER REQUEST CAN BE DISCRIMINATORY
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 FILES NATIONWIDE CLASS ACTION LAWSUIT AGAINST LYFT, INC.
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…
Employer’s Cannot Avoid Liability under New Jersey’s Disability Discrimination Laws by Arbitrarily Dictating What Constitutes An Essential Job Function
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…
Federal Court Holds That An Employee May Use Medical Leave Time Off For Vacation
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…
NEW JERSEY’S WHISTLEBLOWING LAW IS EXTENDED TO PROTECT EMPLOYEES WHO REFUSE TO VIOLATE THEIR PROFESSIONAL CODES OF ETHICS
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…
THE WORKERS COMPENSATION BAR MAY BE PIERCED WHEN THE EMPLOYEE’S WORK INJURY RESULTS FROM THE EMPLOYER’S INTENTIONAL CONDUCT
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 ADEA AND NJLAD MAY AFFORD PROTECTION TO PROSPECTIVE EMPLOYEES FROM AGE BIASED RECRUITMENT PRACTICES
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…
Religious Accommodations: The Accommodation Needs To Be Reasonable, Not The Belief
There are many religions and religious beliefs. There’s Judaism, Christianity, Islam, Bahá’í Faith, Hinduism, Taoism, Buddhism, Sikhism, Slavic neopaganism, Celtic polytheism, Heathenism (German paganism), Semitic neopaganism, Wicca, Kemetism (Egyptian paganism), Hellenism, Italo-Roman neopaganism to name a few. Whatever your sincerely held religious belief is, if any, federal and state law protects your right to observe those…
Disabled Workers May Have to Be Accommodated With A“Light Duty” Job Under Federal and State Disability Discrimination Laws
People get aches and pains all the time. Your back hurts, your stomach is upset, or you are coughing and congested from a bad cold. Generally, that’s what sick days are for. And then there are times when someone sustains an injury or illness that temporarily prevents them from physically,…