Sex / Marital Status Discrimination Category Archives — Page 3 of 5 — New Jersey Employment Lawyer Blog Published by New Jersey Employment Attorneys

Published on: January 22, 2021

A New Jersey School District Agrees to Pay a Settlement to an Employee who Allegedly Suffered Discrimination Because He Was a Single Gay Man and a Foster Parent

Sometimes, the alleged facts that support a worker’s employment discrimination lawsuit show blatant discrimination. An executive manager, who emails his HR director with instructions to fire a pregnant receptionist because she’s a “liability” and also instructs the HR director not to bring any more pregnant employees onboard, would likely be proof of clear pregnancy discrimination. Many times, the proof upon which you must rely involves actions that are much more subtle, making success more challenging but far from impossible. Whether your case involves blatant discrimination or subtle discrimination, an experienced New Jersey employment attorney can help you enhance your chances of a successful result.

J.L. was someone who allegedly faced workplace discrimination on multiple fronts – both as a gay man and as a foster parent. As this blog reported two years ago, J.L., a social worker for a South Jersey school district, allegedly was the target of an extensive wave of disparaging remarks and more from coworkers due to his status as a single gay man and a foster parent.

According to the lawsuit, which the social worker and the school district settled in October after J.L. began pursuing foster parenting, coworkers began telling him things regarding how he didn’t need foster kids, but rather needed “to find a woman and have kids with a woman” or to “just get another pet.”

Published on: December 22, 2020

How Comments About Your Dress and Appearance at Work May Constitute Sex Discrimination in New Jersey

by Phillips & Associates

Most of us are graded at work on our outward appearance, whether that grading takes place in a spoken or unspoken manner, and whether we realize it or not. Sometimes, this is quite appropriate, such as requiring certain vestiges of formality in dress and appearance at certain professional office workplaces. Other times, though, it is decidedly not. If you find yourself on the receiving end of inappropriate comments at work that relate to your appearance, those comments may be more than offensive… they may be the basis of a valid claim for sex discrimination. When that happens to you, contact a knowledgeable New Jersey employment discrimination attorney to discuss your situation in full detail.

So, what can “inappropriate” look like? Consider this recent case from federal court as an example. J.P., the employee, was a patient coordinator for a plastic surgery medical surgery practice. J.P. was also a woman who had to put up with a lot of demeaning workplace comments related to her appearance and the appearances of her colleagues, according to her lawsuit.

J.P.’s supervisor allegedly criticized the darkness of her skin (“you look like a minority”), her lips (looking “Amazon”) and her carriage (“like [someone] in a ‘wet t-shirt contest’”). The supervisor also criticized J.P.’s colleagues as too “frumpy” and one woman as “too ugly” to begin work at the practice until she had “work done.”

Published on: November 18, 2020

What the ‘McDonnell Douglas Framework’ Is and What It Means to Your Workplace Discrimination Case in New Jersey

by Phillips & Associates

If you are familiar with commercial airplanes, then you probably know the name “McDonnell Douglas” from its many well-known jets, including the DC 10. For people, such as an experienced New Jersey employment attorney, who are knowledgeable about discrimination law, the name “McDonnell Douglas” is familiar for a different reason. That’s because, in a 1973 U.S. Supreme Court case bearing the company’s name, the high court created an important framework that victims of workplace discrimination, including those in New Jersey, still use today in their lawsuits.

The “McDonnell Douglas framework,” as it is called, comes in three parts. The first hurdle involves you, as the worker who was harmed by discrimination, establishing a “prima facie case” of discrimination.

A prima facie case of discrimination involves showing that you were a member of a protected class (like age, race, gender, ethnicity, sexual orientation, gender identity, etc.), that you were qualified for the job you held, and that you suffered an adverse employment action (such as demotion, termination, reduction in hours, etc.) because of your membership in that protected class.

Published on: November 12, 2020

Two New Jersey Government Workers Recover $500K Settlement in One of the State’s First Diane B. Allen Equal Pay Act Lawsuits

by Phillips & Associates

On April 24, 2018, New Jersey Gov. Phil Murphy signed into law the Diane B. Allen Equal Pay Act. That new law represented a huge step forward when it comes to closing the wage gap between men and women, and the fruits of that new law are starting to be seen. Recent reports of successful outcomes in equal pay litigation cases have started to emerge. If you have been hurt by the wage gap, you should take heart from these recent reports. Armed with this new law and the important new legal options it provides, you have fewer reasons than ever to delay retaining a skilled New Jersey employment attorney if you think you’ve been harmed by discriminatory pay practices.

The Equal Pay Act allows a harmed worker to pursue a civil lawsuit. What is special and noteworthy about this kind of lawsuit is that the Equal Pay Act says that, if you prevail, you may recover treble damages. You may only have heard of “treble” in music class but, in the law, “treble” means triple. So, in other words, if you can prove that you lost out on $200,000 in income due to an equal pay violation, you may be able to recover a damages award of $600,000.

There’s an additional subtle benefit that the possibility of triple damages provides to harmed workers: it gives employers added incentive to settle equal pay lawsuits prior to trial.

Published on: November 5, 2020

What You Need to Overcome a Defense Motion for Summary Judgment in Your New Jersey Discrimination Case

by Phillips & Associates

An ancient Chinese proverb says that a “journey of a thousand miles begins with a single step.” This wisdom recognizes that, to accomplish any undertaking, you must first take that initial step (and, implicitly, keep taking each step and clearing each hurdle one at a time) until you reach your destination. Your discrimination or harassment case can be a lot like that. It may seem massive, overwhelming and intimidating at first but, with the aid of a skilled New Jersey employment attorney, you can clear all the hurdles and achieve a positive result… one step at a time.

One of the most important steps in any discrimination case is clearing the hurdle presented by the defense’s motion for summary judgment. If you don’t clear this hurdle, then your case is thrown out without a trial and you recover nothing. Additionally, for workers who are open to settlement, it is often the case that employers’ settlement offers will become much larger and fairer after they’ve lost their motions for summary judgment as compared to before that outcome.

Defeating a defense motion for summary judgment does not require providing the court with as much proof as you’d need to win at trial. For example, look at the recently decided case of N.H., a New Jersey college professor.

Published on: October 30, 2020

Why Prompt Action Can Be Essential to Your Success in Your Sexual Harassment and/or Discrimination Case in New Jersey

by Phillips & Associates

In this blog and elsewhere, you may see phrases like “act today” and “don’t delay” when considering contacting an experienced New Jersey employment attorney if you think you’ve been the victim of workplace discrimination and/or harassment. That’s good advice, because, while there are many reasons people might feel the urge to delay taking action, none of them will help, and none will be any comfort, when a potentially winnable discrimination case gets dismissed because it was filed too late.

Consider the lawsuit filed by S.J., a legal administrative assistant in the Morristown office of a major multi-state law firm, as a cautionary tale. According to the woman, I.S., one of the male attorneys working in the office’s labor and employment department began engaging in inappropriate sexual conduct in 2014, including sexually explicit texts and non-consensual touching of her breasts and genitals.

Allegedly, the assistant complained about the attorney to her office administrator but, rather than take action, the administrator told the assistant “that if she was unhappy…, she should look for another job.” Eventually, the firm fired S.J. in June 2017.

Published on: October 22, 2020

A New Jersey Police Lieutenant Lands a $300K Settlement in Her Employment Retaliation Case

by Phillips & Associates

As anyone who’s lived long enough knows, doing the right thing something carries a price in life. However, doing the right thing by standing up in opposition to discrimination and/or harassment at work should not carry a cost when it comes to your job… but too often it does. If you have been the victim of workplace retaliation after you stood up against discrimination – whether that discrimination was targeted toward you or someone else – you may be entitled to recover substantial compensation through a lawsuit. Reach out to an experienced New Jersey employment law attorney right away to find out more about your options.

A recent case settlement making news here in New Jersey allegedly involved an instance of exactly that sort of retaliation. The employee, K.D., first accepted a job with the police department in 1996. K.D. rose to become the first (and only) female lieutenant in that police department, according to a mycentraljersey.com report.

The woman’s lawsuit alleged that department leadership routinely discriminated against women and racial minorities, hiring only 11 women (including K.D.) and 16 African Americans to its 105-member force.

Published on: September 22, 2020

How Might an Appellate Court Rule in a Sexual Harassment Case Against a Judge in New Jersey?

by Phillips & Associates

Part of what makes certain types of harassment and discrimination, such as quid pro quo sexual harassment, so insidious is that they often leave the victim with the sense that she is powerless, and that her harasser has all the power. That is doubly true if the harasser is, in fact, a politically or professionally powerful person. Don’t fall into that trap of hopelessness. If you’ve experienced quid pro quo sexual harassment, you are entitled to sue, and you may be entitled to receive significant compensation. Reach out to a skilled New Jersey sexual harassment attorney without fear and without delay to find out what options exist for you.

It’s one thing (and an undoubtedly agonizing thing) when your sexual harasser is some low-level supervisor. Imagine how much more stressful it may be when your harasser is a powerful person like a judge! That was the situation facing C.S., a probation officer, in her discrimination and harassment case.

The alleged harasser was the top trial court judge in the county where C.S. lived. They met at a holiday party and exchanged telephone numbers. According to C.S.’s court papers, she visited the judge’s chambers after hours and, although she didn’t want to, she gave into the judge’s insistence to have sex with him. The judge allegedly called the pair’s sexual interaction a “business relationship.”

Published on: August 27, 2020

What a Baseball Announcer’s On-Air Slur Can Teach New Jersey Workers About Their Rights in Opposing Workplace Discrimination

by Phillips & Associates

As all of America has come to re-assess the way in which minorities and other marginalized people are treated, many have concluded that it is not enough merely to refrain from engaging in harmful biased behavior; one must also be an active participant in stamping out such bigotry. However, what about at your workplace? If a coworker or supervisor is using offensive language that dehumanizes a group, what are your options? Are your options fewer if you’re not a member of that group? Fortunately, whether you are a member of the targeted group or are just an ally, you have some clear rights in New Jersey, so be sure to reach out to an experienced New Jersey employment attorney right away if you are punished at work for speaking up.

Let’s use an example from current events, reported by the New York Times, as a starting point. Very recently, an announcer for a Major League Baseball team, during a moment that was supposed to be off-air but was inadvertently broadcast, used an offensive anti-gay slur. He was later suspended by the TV network that employed him. Even though the slur may have occurred in a moment the announcer believed was off-air, it was undeniably said at the announcer’s workplace while he was “on the job,” and was clearly audible by fellow broadcasters and members of the network’s broadcast production team.

Lots of New Jersey workers can probably relate to having to put up with supervisors or coworkers who regularly shower the workplace with racist, anti-LGBT, anti-woman or other slurs and epithets. But do you really have to “put up with it”?

Published on: August 20, 2020

The Importance of Clearing the Summary Judgment Hurdle as You Pursue Your New Jersey Law Against Discrimination Case

by Phillips & Associates

In some ways, you can think of your discrimination or harassment lawsuit like a hurdles race in track and field. Your desired goal lies at the finish line, but you must successfully clear each of the numerous hurdles that stand between you and the finish line if you are to arrive at the finish line with the result you want. In your lawsuit, one of the most important hurdles is the “motion for summary judgment.” It is a hurdle you must clear to get to trial and getting past this hurdle may open several new doors for you. As you seek to defeat your employer’s motion for summary judgment, be sure you are armed with legal representation from a skilled and experienced New Jersey employment attorney.

A.F. was a worker involved in one of those kinds of cases. She was a 62-year-old woman working as the director of security for a casino. After more than three decades at the casino, the director began reporting to a new supervisor. That supervisor allegedly indicated to A.F. that he desired to “weed out” all of the “fat and old female security officers.” The supervisor indicated his preference to “get back to youth[ful] enforcement people” and to “get rid of these girls.”

Eventually, the supervisor began making A.F. meet with him more often, moved her office to the operations floor of the casino and moved the director’s assigned parking spot (which she’d maintained for 20 years) to a different lot several blocks away. Additionally, the supervisor allegedly “berated” women in front of A.F. “constantly,” took away her ability to hire workers and threatened to eliminate the director’s assistant’s job.