New Jersey Employment Lawyer Blog

Published on: October 22, 2020

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

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: October 15, 2020

Being Pregnant or Being Transgender Can Put You at High Risk of Workplace Harassment in New Jersey… Especially if You’re Both

by Phillips & Associates

Transgender people are one group that experiences a very high degree of discrimination at work. A 2015 report revealed that 27% have been denied a promotion, not been hired or been fired just in the preceding year. Fortunately, here in New Jersey, the law has strong protections against workplace discrimination based on gender identity and/or expression so, if you’ve lost a job, lost a promotion, been denied employment or otherwise been harmed in the workplace because you are trans, you should contact a New Jersey employment attorney promptly.

For some trans people, the potential for discrimination is even greater than most other trans individuals. S.S., a process assistant at Amazon’s South Corporate Center in Ewing, was one of those people. S.S. was a trans man and, as of June 2019, also was pregnant, according to a nj.com report.

Being trans and being pregnant can be an especially difficult and even dangerous time for some workers. S.S. had disclosed his pregnancy to his employer, but those whom he told did not keep it confidential, according to his lawsuit. Shortly thereafter, S.S. allegedly began experiencing harassment. A co-worker allegedly questioned S.S.’s use of the men’s restroom, stating “Aren’t you pregnant?” Managers allegedly began criticizing his work more and, when he complained about the harassment, human resources allegedly placed him on leave, according to the report.

Published on: October 9, 2020

Six New Jersey Police Employees Receive $2.4 Million Settlement After Allegedly Enduring Years of Extremely Vile Harassment

by Phillips & Associates

Without question, progress has been made when it comes to eradicating discrimination and harassment in New Jersey workplaces. Sometimes, though, a case comes along and reminds us all that harassment is far from eliminated… and that serious dangers still exist in some New Jersey workplaces. If you endured harassment on the job, don’t ever be fooled into thinking that it is something you just have to accept and “put up with.” Instead, reach out to an experienced New Jersey employment attorney who can provide you with options to help you protect yourself (and perhaps others in your workplace, too.)

When it comes to reminding everyone that workplace harassment is still a serious problem in this state, a story from a police department in Union County undeniably does just that. As reported by the New York Post and mycentraljersey.com, the work environment at this particular police department was one where calling it “hostile” might be an understatement.

The central harasser, according to the complaint, was an internal affairs officer who frequently wielded an extremely large sex toy at the workplace. Allegedly, the sex toy’s appearance was not just an occasional thing, as one officer was “tortured” with the device “on an almost daily basis.”

Published on: September 29, 2020

Coronavirus, Asian American Employees and Race Discrimination in New Jersey

by Phillips & Associates

One need not be a “psychic” to have seen it coming. The particulars of the coronavirus were something that clearly lent itself to triggering race discrimination and harassment. The state government even took proactive steps to warn employers to avoid such discrimination and harassment in their workplaces. However, as is too often the case, not even warnings from the Attorney General will stop harassment from occurring at some workplaces. Whether coronavirus-related or not, if you’ve suffered workplace discrimination because of your race, you should contact a knowledgeable New Jersey race discrimination attorney and discuss your legal options.

Back in March, as the COVID-19 pandemic was just starting to explode here in the United States, the New Jersey Attorney General’s Office issued an important guidance and press release. The guidance specifically warned against coronavirus-related harassment in the workplace targeting people of East Asian origin.

That included the importance of employers being pro-active “to stop harassment of one employee by another employee if the employer knows or should have known about it: for example, if one employee has east-Asian heritage and a coworker repeatedly harasses her by claiming that Asian people caused COVID-19 or calling this ‘the Chinese virus.’”

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: September 15, 2020

How One New Jersey Casino Worker Overcame His Employer’s Attempt to Get His Race Discrimination Lawsuit Thrown Out of Court

by Phillips & Associates

When you sue for race discrimination, two of the main avenues you can follow to pursue your case are either disparate impact or disparate treatment. Under federal law, disparate impact discrimination occurs when your employer had policies or practices that had a disproportionately negative impact on people of your race. Disparate treatment occurs when you (or you plus others of your race) were treated less favorably than other workers in similar situations who were not members of your race. Each kind of case requires accumulating the right amount and the right kind of proof, and knowing how to use that evidence to its maximum effect, so be sure you have a knowledgeable New Jersey employment attorney handling your case.

A recent federal case from here in New Jersey is a good example of how a disparate treatment discrimination claim can work. J.D. was a security supervisor at a popular Atlantic City casino. The casino fired him after an incident with a verbally aggressive and apparently intoxicated panhandler.

In that encounter, J.D. used a “leg sweep” move to take the man’s legs out from under him. The panhandler was not physically injured in the takedown. However, the employer nevertheless fired J.D. for using excessive force. J.D., who was African-American, sued the employer for race discrimination.

Published on: September 9, 2020

Taking on a New Jersey Employer Who Has Retaliated Against You For Taking Family Leave and Discriminated Against You For Breastfeeding

by Phillips & Associates

As the New Jersey Attorney General’s Office clearly stated in a recent press release, “No parent should be forced to choose between their job and caring for or breastfeeding their child… New Jersey law protects a parent’s right to take leave to care for a newborn child and to return to the same position after leave. It also protects a parent’s right to breastfeed a child.” As an expectant parent, you know that those first weeks and months are something that you can never experience again with that child, and that the bonding that takes place during those early months is vitally important to your child. When you suffer workplace harm because you took leave following your delivery, or because you’re breastfeeding your baby, that’s against the law. Take action by contacting an experienced New Jersey employment attorney right away.

One way you can help yourself when you are expecting a child is by knowing your rights. A recent case that was reported by the Hudson Reporter is a good illustration of how helpful knowing your rights when it comes to family leave can be.

Here in New Jersey, you are entitled to take up to 12 weeks of leave in a 12-month period (if you’ve worked at least 1,250 hours during the last 12 months) under the federal Family and Medical Leave Act (FMLA). The New Jersey Family Leave Act (NJFLA) gives you up to 12 weeks of leave in a 24-month period if you’ve worked at least 1,000 hours in the previous 12 months.

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.

Published on: August 13, 2020

The Newest ‘State of Diversity Survey’ Has Some Sad News About the Frequency of Offensive Comments at New Jersey Workplaces

by Phillips & Associates

A recent survey completed by the New Jersey Business & Industry Association and Taft Communications revealed several interesting insights but one undeniably regrettable trend. The survey’s findings suggest that people are reportedly hearing more offensive comments at work. From a legal perspective, an offensive comment may not always be enough to establish a winning Law Against Discrimination case, but it can be an integral ingredient and, sometimes, just a single slur may be all the proof you need to win your case. A knowledgeable New Jersey employment attorney can help you analyze the facts of your case and determine what evidence you need to succeed.

The annual “State of Diversity Survey” asked workers how often they heard comments “that could be seen as offensive to racial and ethnic minorities; women; Muslims; Jews;” and LGBTQ+ people. Specifically, the survey asked workers, “have you overheard things at work that might be considered offensive to certain groups” during the past year?

The number of respondents, in all categories, who reported hearing these offensive comments either “occasionally” or “very often” was at the highest levels since the poll launched, and every category had a marked increase from last year. Workers who heard comments potentially offensive to racial and ethnic minorities rose 12% from last year to 28%. Respondents reported hearing misogynistic comments (up 10% to 24%), homophobic comments (up 11% to 23%), Islamophobic comments (up 13% to 23%) and anti-Semitic comments (up 10% to 20%), all of which were the highest levels ever recorded in the survey, which began in 2016.