Is That Even Discrimination? New Jersey District Court Reiterates That Disabled Employees are not Immune to the Effects of Negative Job Performance
On April 13, 2020, the District Court for the District of New Jersey granted the employer’s Motion for Summary Judgment and dismissed an employee’s claim of disability discrimination in the matter of Rooney v. NVR Inc. The Court determined that Plaintiff failed to demonstrate that a genuine factual dispute existed to suggest that Defendant terminated his employment based on his disability.
School’s Out: Third Circuit Upholds Termination of Former History Teacher for Instruction on Holocaust Denial Theories
On February 22, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, hostile work environment, and wrongful termination claims filed by a former non-tenured high school History teacher, and self-proclaimed non-practicing Muslim of Egyptian decent
Hail Mary (Jane): New York City Weeds Out Pre-Employment Marijuana Testing on May 10
New York City’s ban on pre-employment drug testing for marijuana goes into effect this weekend, on May 10, 2020. The law makes it an “unlawful discriminatory practice” to require a prospective employee to submit to testing for the presence of marijuana or tetrahydrocannabinols (“THC”), the psychoactive ingredient in marijuana, as a condition of employment.
Sleepless Nights Ahead For WalMart’s Overnight Assistant Store Managers After Denial of Class Status
On April 24, 2020, the District Court for the District of New Jersey in Sundel Quiles, et al. v. Wal-Mart Stores, Inc., d/b/a Wal-Mart, 2:16-cv-09479 (D.N.J. April 24, 2020) recently considered a motion for class certification by a group of Overnight Assistant Store Managers (Overnight ASMs) who were allegedly misclassified as exempt executive and administrative employees.
When an Employee Refuses to “Play Ball”
Appellate Division Clarifies Good Faith Prerequisite for Retaliation Claims
On April 14, 2020, in a published decision, the New Jersey Appellate Division in Rios v. Meadowlands Hospital Medical Center, held that a plaintiff who alleged he was retaliated against by his employer in connection with the defense of a co-worker’s lawsuit does not have to first demonstrate that his co-worker had a good faith basis for bringing her suit as a prerequisite to his retaliation claim.
It Takes Two to Tango: Third Circuit Reminds Employees of Their Reciprocal Obligations in the Interactive Process
On March 31, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, retaliation, and wrongful termination claims filed by an ex-accountant of a local board of health.
Hudson Yards Decision Boosts Non-Union Construction
In a positive development for non-union contractors, a federal judge has reaffirmed the traditional defenses available to employers that face claims they are running unlawful double-breasted operations.
Key Employer Take-Aways from Long-Awaited Guidance on New Jersey's Equal Pay Act
On March 2, 2020, the New Jersey Division on Civil Rights (DCR) issued Guidance on the Diane B. Allen Equal Pay Act (Equal Pay Act) – the New Jersey law requiring employers to offer equal pay to employees performing substantially similar work.
A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s Employee
A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division ruled last month in Dorrity v. Wakefern Food Corporation.
Proposed Amendments To The NJLAD Will Change The Management Of Harassment, Discrimination And Retaliation Claims In The Workplace
Potential Game Changer
New Jersey’s Division on Civil Rights (DCR) issued Findings and Recommendations on Preventing and Eliminating Sexual Harassment in New Jersey (the Recommendations) in February 2020. Governor Phil Murphy released proposed legislation aimed at strengthening New Jersey's Law Against Discrimination around the same time.