An employer’s leaking of an employee’s confidential medical information may give rise to a violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112(d). “The purpose of the ADA is to ‘invoke the sweep of Congressional authority . . . in order to address the major areas of…
New Jersey law prohibiting discrimination is not limited to the workplace. For example, under the New Jersey Law Against Discrimination (LAD) townhouse/condominium Homeowner Associations (HOAs) and Landlords must reasonably accommodate the disabilities of those who reside within their properties or make use of their common areas Specifically, they are required…
Many people call and ask our office whether they can avoid an employer’s mandate to be COVID-19 vaccinated by claiming a religious exemption. It is true that New Jersey’s Law Against Discrimination prohibits, “any employer to impose upon a person as a condition of obtaining or retaining employment, including opportunities…
Sexual harassment is not typically about lust or the desire for sex. Rather, at its core its typically about exerting control and domination over subordinates in the workplace. Such is the case involving New York Governor Andrew Cuomo where numerous allegations of sexual harassment, intimidation, and retaliation culminated in his…
The numbers are deeply troubling. Even though the Center for Disease Control (CDC) has repeatedly made clear that COVID-19 vaccines are overwhelming safe and effective and continue to undergo the most intensive safety monitoring in U.S. history, New Jersey employers are left to confront the reality of a large segment…
While conscious or intentional mistreatment of minorities is typically the province of a relatively small number of bigots who live among us, it is the insidious existence of unrecognized, unconscious, or implicit racial bias in our society which has and continues to systemically threaten and undermine the achievement of racial…
The United States Supreme Court unanimously held that the National Collegiate Athletic Association (“NCAA”) cannot restrict education-related benefits provided by its member schools to student-athletes. The decision in NCAA v. Alston, 141 S. Ct. 2141 (2021) arises out of a class-action lawsuit filed by current and former Division I student-athletes against…
A supervisor’s use of isolated but offensive racial slurs directed at and in the presence of an employee can give rise to a claim for a hostile work environment under New Jersey’s Law Against Discrimination (LAD) on their own. Rios v. Meda Pharm., Inc., 2021 N.J. LEXIS 553 (June 16,…
Under New Jersey’s Law Against Discrimination (LAD), when an employee suffers injury due to their employer’s failure to accommodate his or her disability, the employer is liable for discrimination under LAD even when no direct economic harm or other form of adverse employment action was taken by the employer against…
Older doctors in New Jersey who are required to undergo medical screening examinations as a condition of maintaining hospital staff privileges likely have the right to sue for age discrimination under New Jersey’s Law Against Discrimination, N.J.S.A., 10:5-1, et seq. (“LAD”). Supporting this conclusion is the belief held by the…