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New Jersey Employment Lawyer Blog

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A New Third Circuit Court of Appeals Ruling Recognizes Race-Based ‘Associational Discrimination’ as a Permissible Basis for a Title VII Claim

Many times, appeals court rulings reaffirm well-established concepts of law. Sometimes, though, these rulings may stake out new territory or expressly clarify something for the first time, making them particularly noteworthy developments in the law. For you, as a worker who may have been harmed by workplace discrimination, it is…

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A Bus Driver Secures a Settlement Payout After His New Jersey-Based Employer Fired Him for Leaving to Care for His Dying Father

The current resurgence in COVID-19 cases is a reminder of many things, not the least of which is the importance of health, especially the health of our closest loved ones. Taking care of a seriously ill or dying family member should not be an act that costs you your job…

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Your Legal Rights in New Jersey if Your Have a Religious Objection to Getting a COVID-19 Vaccine

As cases of the Delta variant of the coronavirus surge, more and more governmental entities and private employers are responding with mandates related to vaccines and masks. As these mandates have proliferated, workers whose religious beliefs and practices stand opposed to such things may feel left in a quandary. Do…

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The Importance of Evidence of Discriminatory Motive in Your New Jersey Law Against Discrimination Case

You can think of your successful discrimination or sexual harassment case like one of those domino “chain reaction” exercises. To arrive at a successful domino effect conclusion, every element of the chain must be properly in place and must do its job. If any one of them fails, the whole…

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What a New EEOC Guidance Document Regarding Sexual Orientation and Gender Identity Discrimination Means to Workers in New Jersey

It’s now been more than one year since the U.S. Supreme Court issued its landmark ruling in the case of Bostock v. Clayton County, which declared that federal law – specifically, Title VII of the Civil Rights Act of 1964 – prohibits employment discrimination based on sexual orientation and gender…

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A Black Woman’s Discrimination Verdict and $1.9M Compensatory Damages Award in a New Jersey Trial Court Survives an Appeal by Her Employer

In the world of trial practice, there is something that lawyers sometimes call a “swearing match” or “swearing contest.” It refers to a case that hinges heavily, if not almost entirely, on the jury’s credibility determination between two witnesses whose testimony was nearly diametrically opposite. This is a scenario where…

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Isolated Uses of the ‘N-Word’ Can Be ‘Severe’ Discrimination. The New Jersey Supreme Court Just Made a Similar Ruling About an Anti-Latino Slur.

Back in the 19th Century, an English children’s rhyme declared that “Sticks and stones may break my bones, But words shall never hurt me.” Today, we have a more nuanced and complete recognition of the power of words to inflict real damage, especially slurs directed at historically disadvantaged people. That…

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When Failures in the Pre-Trial Discovery Process Can — and Cannot — Lead to a Dismissal of a New Jersey Discrimination or Harassment Case

Many ingredients go into a successful discrimination, harassment, or retaliation case. One of these is having a capable New Jersey employment lawyer who can keep your case on track and moving toward a successful resolution at a timely pace, even when the case, or perhaps even “real life” from outside…

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The New Jersey Supreme Court Issues an Important New Decision Impacting Workers With Disabilities Who Pursue Failure-to-Accommodate Cases in Court

A recent ruling from the New Jersey Supreme Court represents a very positive, and very crucial, clarification of an element of disability discrimination law in this state. Going forward, employees whose employers improperly failed to accommodate their disabilities can be confident that they do not need proof of a separate…

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A New Jersey Sales Trainee Told ‘Don’t Come Back’ After Refusing to Sleep With a Manager Scores an Important Win in the Appellate Division

For a lot of workers who reach the point where it is necessary to file a sexual harassment lawsuit, your employer may try to defeat your case by placing the focus on what you did or did not do, instead of what your harasser did or the company failed to…

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