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General Search Results:

• 11.24.2020

  Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination Program
  We have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal advice, for private (non-governmental) New Jersey employers, odds are that this type of employment rule will be permissible, with certain limitations, discussed herein.

• 11.06.2020

  New Jersey Enacts New COVID-19 Workplace Safety Protocols
  Effective 6:00 am on Thursday, November 5, 2020, pursuant to Governor Phil Murphy’s October 28, 2020 Executive Order 192 (“EO 192” and “Order”), every New Jersey business which operates with employees and customers physical present at the worksite, will be required to comply with the State’s new COVID-19 workplace safety protocols.

• 11.04.2020

  Harris Freier Insight on COVID-19 Lawsuits in the Workplace Featured in New Jersey Law Journal
  Partner Harris S. Freier was recently interviewed by New Jersey Law Journal for their article “People Are Now Suing Their Bosses Over COVID-19 at Work, But Can They Win in Court?”

• 09.21.2020

  NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law
  On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator selection process, or provide for the governing law, so long as the agreement to arbitrate includes a clear and unmistakable waiver of the right to a jury or other civil trial of the claims.

• 08.18.2020

  Don’t Fear The Click-Box: NJ Supreme Court Upholds Electronic Employee Arbitration Agreements
  On August 18, 2020, in a landmark decision for employers, the New Jersey Supreme Court released its long-awaited opinion in Skuse v. Pfizer (A-86-18) (082509), holding that an employee must arbitrate her employment discrimination claims agreed to in an electronic employee arbitration agreement. The decision reverses the Appellate Division’s January 2019 decision, which had imposed heightened requirements on employers obtaining employees’ assent to arbitration agreements.

• 06.15.2020

  Supreme Court Finds Federal Law Bars LGBT Employment Discrimination
  The U.S. Supreme Court (SCOTUS) held today that the ban on sex discrimination in the federal employment law, Title VII of the Civil Rights Act of 1964, covers employment discrimination based on sexual orientation or transgender identity.

• 05.26.2020

  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.

• 05.19.2020

  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

• 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).

• 03.12.2020

  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.

• 03.06.2020

  Coronavirus (Covid-19) - Practical and Fast Facts for Employer Planning
  As employers work on strategic plans for handling employment-related issues involving Covid-19, such as possible facility closings, tele-commuting, and employee leave/compensations issues, employers should keep in mind these fast facts.

• 02.25.2020

  Proposed Amendments To The NJLAD Will Change The Management Of Harassment, Discrimination And Retaliation Claims In The Workplace
  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.

• 01.09.2020

  Appellate 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).

• 01.07.2020

  Natural 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.

• 12.30.2019

  New Jersey Salary History Ban Takes Effect January 1
  A reminder to New Jersey employers that the new law prohibiting employers from screening job applicants based on their pay history takes effect on January 1, 2020.

• 12.11.2019

  “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.

• 12.02.2019

  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.

• 08.12.2019

  One and Done: NJ Appellate Court Rules that a Continuing Violation Under the NJLAD can Apply to a Hostile Work Environment Claim Based on One Discrete Act

• 07.11.2019

  When Inaction is Enough: Appeals Court Holds that Adverse Employment Action Not Essential Element of Failure to Accommodate Claim

• 05.06.2019

  NJ Appellate Court Rules that Obesity Alone is not a Disability Under the NJLAD

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