As this blog has discussed before — but it definitely bears repeating again — when an employer retaliates against an employee for pursuing a claim of discrimination or harassment, that employee can secure a favorable judgment on retaliation even if the discrimination or harassment claim ultimately fails. To find out…
Articles Posted in Retaliation
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.…
Mandatory Arbitration Agreements and Sexual Harassment Claims in New Jersey Now That the Ending Forced Arbitration Act is Federal Law
New laws, including a federal bill signed into law in March 2022, have helped to give workers harmed by sexual harassment and/or sexual assault a greater degree of power when they seek to resolve those claims. Previously, many employers had successfully moved these cases from the courts to arbitration via…
A Trenton Police Officer Demoted After Confronting a Colleague About His Sexual Harassment of a Female Subordinate Settles His Retaliation Case
When your employer retaliates against you because you stood up against illegal conduct — such as discrimination or sexual harassment — it has engaged in illegal conduct in New Jersey. That’s equally true whether the action you opposed harmed you or harmed someone else. If you’ve been punished because you…
What It Does — and Doesn’t Take to Establish a Case for Retaliation in Violation of Title VII
We probably all can imagine what a workplace retaliation situation might look like. An employee speaks up against discrimination, harassment, or some other illegal conduct, and for speaking out, that worker loses their job. But job loss is far from the only form of retaliation for which you can take…
How Your Employer’s Inconsistent Application of Discipline Can Strengthen Your Retaliation Case
As children, many of us decried what we saw as inconsistent treatment of ourselves versus peers or siblings with the oft-used refrain “that’s not fair!” For adults, when inconsistent treatment in the workplace happens because of your race, sex, nationality, religion, sexual orientation, etc., then that often is illegal discrimination.…
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…
A North Jersey Employer Pays Its Former Marketing Director $195K After the AG Accused it of Discrimination, Retaliation, and Denial of Family Leave
Adding to your family as a result of a pregnancy should be a joyful time. However, for too many parents, especially new mothers, having a baby and caring for that new child is fraught with difficulties at work. These difficulties may include receiving less than all the family leave the…
Impermissible Retaliation Actions in New Jersey Workplaces and What You Can Do If You’re the Victim of One
When you get hurt on the job and become disabled (either temporarily or permanently) as a result, your employer may fear the consequences… on their bottom line. Many of those same (improper) considerations can take place when you step up and act as a whistleblower. If your employer has taken…
You Have Rights in New Jersey If You Were a Whistleblower and Your Employer Retaliated Against You Because of It
As you may know, employers generally are prohibited from retaliating against you if you speak up +and oppose discrimination or sexual harassment (targeted at you or someone else.) However, here in New Jersey the law does more — barring employers from retaliating against employees for standing up and opposing (or…