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Articles Posted in Disability Discrimination

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The New Jersey Appellate Division Addresses the Discoverability of a Worker’s Social Media Posts as Part of Her Discrimination Case

Social media represents a nearly ubiquitous presence in the lives of many people today. Older generations often counsel younger ones to be wary of “putting too much out there” on social media or text messages. While the wisdom of that advice can be reasonably debated, there undisputedly are times when…

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How an Employer’s Internal Investigation May Form the Basis of an Employee’s Winning Retaliation Claim

Workers who raise complaints of discrimination face many on-the-job risks, including retaliatory termination. Sometimes, the retaliatory motive may be evident in the employer’s stated (bogus) reason for termination. Other times, the stated reason may be legitimate but the investigation that preceded it may have been the product of retaliatory motivations.…

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Federal Versus New Jersey Age Discrimination and Disability Discrimination Laws: What’s the Difference?

In some situations, you may encounter workplace discrimination that targets you for one specific reason. Other times, you may be the victim of discrimination that spans multiple protected characteristics. (Still other times, the nature of the discrimination may involve a tandem of protected characteristics, such as, for example, discrimination specifically…

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The Appellate Division Court Revives a New Jersey Municipal Judge’s Discrimination Case Predicated on Her Perceived Alcoholism

As a worker in New Jersey, you need to understand that the Law Against Discrimination (LAD) protects you from discrimination not just as a result of your membership in a protected class but also as a result of your employer’s perception that you were a member of a protected class,…

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The New Jersey State Assembly Weighs a Bill that Would Protect Workers from Discrimination in the Hiring Process… by Artificial Intelligence Software

Last spring, the U.S. Equal Employment Opportunity Commission sounded an alarm that called into question the fairness of hiring processes aided by artificial intelligence, pointing out that AI-assisted hiring has the potential to enhance, rather than alleviate, certain forms of impermissible bias. That risk remains an ongoing problem… one that…

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Marijuana, Disability Accommodations, and Employment Discrimination Law

In early 2021, the governor of New Jersey signed into law a bill that, among other things, protected New Jersey workers from certain adverse consequences as a result of their legal use of marijuana off the clock. If you’ve been fired or suffered other negative consequences as a result of…

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Monkeypox and Employment Discrimination and Harassment in New Jersey

In April, we discussed incidences of workers enduring harassment and/or discrimination based on current events. That topic has again risen to the forefront in the wake of the 2022 monkeypox outbreak. Regardless of terrorism at home, war abroad, or a disease outbreak, there’s never a valid reason to discriminate against…

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Hostile Work Environments in New Jersey: It’s Not Always About Slurs, Assaults, or Extreme Humiliation

Certain instances of workplace discrimination are fairly clear: a Black person who endures a daily deluge of racial epithets, a Muslim employee who hears a seemingly endless line of jihadi, terrorist, and bombing jokes, or an older worker who endures a regular torrent of “OK Boomer” comments. Other times, it’s…

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Diversity Jurisdiction and Overcoming Defense Claims of ‘Fraudulent Joinder’ in Your New Jersey Discrimination Case

There might be various reasons why you’d prefer to litigate your New Jersey discrimination case in a state Superior Court as opposed to a federal District Court. (You may have considered issues of speed, cost, the kind of jury that’ll hear your case, or other factors.) Whatever the reason, you…

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How a Hiring Decision by Artificial Intelligence or an Algorithm Could Be Discriminatory in Violation of the Law in New Jersey

Businesses are always on the lookout for ways to be more efficient. “Work smarter, not harder,” the saying goes. That’s also true in hiring. To that end, many employers have begun using artificial intelligence in their hiring processes. While this might seem like an ideal solution both in terms of…

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