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• 11.15.2023Ending Forced Arbitration of Sexual Harassment, Not Discrimination Arbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties to a claim to resolve the dispute privately, without involvement of a court of law. The Federal Arbitration Act (FAA) strongly favors arbitration and allows courts to stay the proceedings of any claims subject to valid and enforceable arbitration agreement and to compel the parties to binding arbitration.
• 02.24.2023NLRB Places NDAs and Non-Disparagement Agreements with Rank and File Employees in its Cross-Hairs On February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the NLRB made a broadside attack on precedent and confidentiality and non-disparagement provisions in severance agreements signed by rank and file employees. This far-reaching decision calls into question the enforceability of standard severance and employment agreement provisions entered into with statutory employees going forward.
• 06.21.2022Harris Freier Provides Input in New Jersey Law Journal Article "Fat Suit: Proposed Law Would Allow Weight-Discrimination Lawsuits" Firm Partner Harris S. Freier, Esq. was recently interviewed by New Jersey Law Journal for their recent article entitled "Fat Suit: Proposed Law Would Allow Weight-Discrimination Lawsuits" which focuses recent measures introduced in New Jersey Legislature that would amend Law Against Discrimination to bar discrimination based on weight or height.
• 06.16.2022It’s Settled . . . Or Is It? NJ Appellate Division Rules The NJLAD Does Not Prohibit Non-Disparagement Clauses in Settlement Agreements On May 31, 2022, in Savage v. Township of Neptune, the New Jersey Appellate Division partially upheld, and partially overturned, a trial court’s enforcement of a private settlement agreement, holding that although the settlement agreement’s non-disparagement clause was enforceable and not violative of the statutory prohibition against enforcing non-disclosure provisions in harassment/discrimination/retaliation cases, the employee’s allegedly disparaging statements did not actually violate the non-disparagement clause as written.
• 05.31.2022Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability Lawsuit On May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v. State of New Jersey, the Appellate Division affirmed the trial court’s dismissal of the trooper’s New Jersey Law Against Discrimination (NJLAD) claims, finding that he failed to set forth facts sufficient to establish that the New Jersey State Police violated the law with respect to his employment.
• 04.07.2021Genova Burns Now Offers On-Line & On-Demand Discrimination and Harassment Training Genova Burns has developed its online sexual harassment/#MeToo, discrimination and harassment prevention training based on its years of live training experiences and day-to-day counseling employers on these issues.
• 05.26.2020Is 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.
• 05.19.2020School’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
• 03.27.2020 New Jersey Division on Civil Rights (DCR) Releases COVID-19 FAQ's On March 19, 2020, the New Jersey Division on Civil Rights (DCR) released a Guidance addressing frequently asked questions regarding the novel coronavirus (COVID-19). Specifically, the DCR addresses protections and obligations under the New Jersey Law Against Discrimination (NJLAD).
• 01.09.2020Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory discharge under the New Jersey Law Against Discrimination (NJLAD).
• 01.07.2020Natural Hair, Don't Care: New Jersey Bans Hair-Based Discrimination On December 19, 2019, Governor Phil Murphy signed an amendment to the New Jersey Law Against Discrimination (NJLAD) banning discrimination against a person’s hairstyle or texture.
• 01.02.2020Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee and affirmed the trial court’s decision dismissing the employee’s claims under the Conscientious Employee Protection Act (CEPA) finding that he was properly terminated for mistreating his coworkers. Thus, he could not establish a claim for retaliation, as there was no link between his termination and his reporting of an alleged casino scam.
• 12.02.2019New 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.
• 09.05.2019#23 of Genova Burns’ Anniversary Countdown of the Most Influential Cases, Events and Laws in New Jersey As Genova Burns celebrates its 30th anniversary serving the legal needs of clients throughout New Jersey and across the Northeast, we will be counting down the top 30 legal cases, events and laws that have left a significant impact on society, business, politics, and lifestyle here in the Garden State.
• 09.04.2019Employee’s Failure to Cooperate Deemed Fatal to Disability Pregnancy Claims
• 08.26.2019#25 of Genova Burns’ Anniversary Countdown of the Most Influential Cases, Events and Laws in New Jersey As Genova Burns celebrates its 30th anniversary serving the legal needs of clients throughout New Jersey and across the Northeast, we will be counting down the top 30 legal cases, events and laws that have left a significant impact on society, business, politics, and lifestyle here in the Garden State. Here is #25.
• 08.19.2019New York State Expands Workplace Harassment Protections (Again)
• 05.16.2019Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext
• 03.21.2019New York City Bans Discrimination Based on Reproductive & Sexual Health Choices
• 03.11.2019Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

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