Sometimes, the difference between a successful outcome and an unsuccessful one can be seemingly very tiny details. A knowledgeable New Jersey discrimination attorney can provide you with the assistance and representation you need when it comes to identifying those details and using them to your maximum advantage. In the case…
New Jersey Employment Lawyer Blog
Third Circuit Revives Employee’s Discrimination Action in ‘Mixed-Motive’ Case
In some New Jersey discrimination and retaliation cases, the employer’s action may be motivated plainly by discriminatory intent. In a lot of cases, though, employers are motivated in the actions they take by a mixture of discriminatory bases and legitimate bases. An important new decision from the federal Third Circuit…
Without Proof that a Nurse Was a Danger to Herself or Others, New Jersey Hospital Couldn’t Fire Her Due to a Perceived Disability
In general, the law opposes employers discriminating against employees based upon a disability or a perceived disability. This isn’t true, though, when an employee’s disability could translate to a risk to herself, her co-workers, or the employer’s customers or clients. The key then, for any employee pursuing a New Jersey…
Sometimes Even a Supervisor’s Single Racial Slur Can Be Enough in a Discrimination or Harassment Case, Third Circuit Rules
Discrimination and harassment based upon race can take different forms and patterns in the workplace. In some situations, it may be more subtle and frequent, with veiled or oblique comments or actions occurring often. Sometimes, the frequency is much less, but the discrimination or harassment is far from subtle or…
Employer’s Use of Numerical Scoring/Ranking System for Selecting New Hires Ultimately Bolsters Candidates’ Age Discrimination Case
Sometimes, if you are pursuing a case alleging employment discrimination in the hiring process, the existence of an employer’s formal and objective system for selecting new hires can be a major hindrance to your case. Other times, though, it can actually help. In the recent case of two employment candidates…
Lesser Evidence Burden Allowed Professor to Continue Pursuing Her Title VII Retaliation Case, Third Circuit Rules
The case of a Delaware professor, who claimed that her employer fired her in retaliation for making a sexual harassment and discrimination complaint, got new life after the Third Circuit Court of Appeals issued a ruling in the matter recently. Although the case might require proof that the employer would…
What a Federal Age Discrimination Case from Pennsylvania Can Impart to New Jersey Employers and Employees
A sales employee for a large corporation lost her job at age 45 when her employer terminated her and replaced her with another employee who was only 38. Although the two employees’ age difference was less than 10 years, the fired employee still was able to go forward with her…
Regardless of Underlying Motives, New Jersey Employer Discriminated When it Revoked Pregnant Employee’s Promotion
It is fairly well-known that an employer who undertakes an action harmful toward an employee simply because that employee is pregnant is liable for impermissible discrimination. However, what happens when the employer allegedly acts out of concern for the mother-to-be or her unborn child? The answer, in short, is that if…
Groundbreaking Federal Court Ruling Could Affect New Jersey Transgender Employees in the Future
A headline-making new federal court ruling regarding discrimination and the rights of transgender people in the workplace may not immediately affect workers in New Jersey, but it could play a role in the not-too-distant future. The ruling, which allowed a trans woman to pursue a disability discrimination case under the…
Third Circuit Allows Group of Over-50 Workers to Pursue Their Federal Age Discrimination Case
If you’re familiar with federal age discrimination law, you’ll probably know that the “magic number,” so to speak, in terms of the group of age-protected employees is 40 years of age. So what happens when a group of workers, all of whom are over 50, pursue an Age Discrimination in…