“What Goes Around, Comes Around” – A Potential Defense to Hostile Work Environment Claims Under the NJ LAD
On November 7, 2019, the U.S. District Court for the District of New Jersey in Paige v. Atrion Communication Resources, Inc., et al., considered a hostile work environment/sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) by a receptionist who alleged she was constructively discharged as a result of her supervisor’s conduct.
Legality of Workplace Rules Clarified by National Labor Relations Board
Employer Confidentiality and Media Contact Rules become Lawful
Discrimination Based on Reproductive Health Decisions Prohibited in New York
This new bill imposes increased responsibilities on employers statewide and evidences the State’s continued efforts in protecting employees’ rights and privacy regarding reproductive health decisions.
New Jersey Supreme Court to Decide Whether Absence of Adverse Employment Decision is Fatal to Failure to Accommodate Claim
The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, where the Appellate Division found that an employee alleging disability discrimination under a failure to accommodate theory does not have to show that he or she suffered a tangible adverse employment action.
Appellate Division Affirms Suspension of Employee for Failure to Attend Mandatory Harassment Training
The New Jersey Appellate Division recently affirmed a decision of the Civil Service Commission imposing a ten-day suspension on a Mercer County Correction Center (MCCC) Officer for failure to attend mandatory harassment training.
New Domestic Violence Policy for All New Jersey Public Employers
On October 15, 2019, the New Jersey Civil Service Commission (“CSC”) distributed a uniform Domestic Violence Policy (“Policy”) which all New Jersey public employers must follow.
Third Circuit Decision Threatens Rideshare Company’s Right to Arbitrate
The Third Circuit recently opened the door to exempting Uber drivers from the Federal Arbitration Act (“FAA”). In a precedential decision, the Court of Appeals vacated a District Court’s decision compelling arbitration of an Uber driver’s wage claim and remanded the case back to the District Court to determine whether the exemption applies.
Whistleblower Claim a No-Go for Employee who Voluntarily Resigned
The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic whistleblower.”