New Jersey Court Reinstates Employee’s Disability Discrimination Lawsuit
Earlier this month, New Jersey’s Appellate Division reversed a trial court’s decision that had dismissed Robert Benning’s disability discrimination lawsuit because the trial court improperly ignored...
View ArticleEmployee’s Disability Harassment Claim Can Proceed to Trial
Earlier this month, the United States District Court for the District of New Jersey permitted an employee to continue with his claim that his employer harassed him because he is disabled, but dismissed...
View ArticleNew Jersey Discrimination Claim Not Preempted by Federal Labor Law
New Jersey’s Appellate Division recently ruled that federal labor law does not preempt an employee’s disability discrimination claim under the New Jersey Law Against Discrimination (“LAD”) or...
View ArticleNew Jersey Supreme Court Clarifies How to Prove Disability Discrimination
Earlier this week, the New Jersey Supreme Court clarified how to determine whether an employer fired an employee because of a disability in violation of the New Jersey Law Against Discrimination...
View ArticleNew Jersey Employers Can’t Discriminate for Medical Marijuana Use Outside of...
A recent decision by New Jersey’s Appellate Division recognizes that an employer can violate the New Jersey Law Against Discrimination (“LAD”) if it discriminates against a disabled employee because he...
View ArticleTermination Three Weeks After Medical Leave Supports Disability...
A recent decision by New Jersey’s Appellate Division demonstrates that under the right circumstances an employee can prove disability discrimination from the fact that her employer fired her shortly...
View ArticleNew Jersey Law Prohibits Discrimination for Prescribed Off-Duty Medical...
Today, in Wild v. Carriage Funeral Holdings, Inc., the New Jersey Supreme Court ruled that employers cannot discriminate against employees for using prescribed medical marijuana while off-duty....
View ArticleNew Jersey Supreme Court Finds Adverse Action Not Required for Failure to...
Today, the New Jersey Supreme Court ruled that an employee does not need to suffer an adverse employment action to win a claim based on the employer’s failure to accommodate her disability under the...
View ArticleNew Jersey Law Against Discrimination Permits Punitive Damages Against State...
Earlier this month, in Pritchett v. State, the New Jersey Supreme Court confirmed that the state of New Jersey and municipalities remain subject to punitive damages under the New Jersey Law Against...
View ArticleNew Jersey Requires Hiring Preferences for Employees Terminated Due to...
New Hiring Preference A recent amendment to the New Jersey Workers’ Compensation statute now requires many employers to give a hiring preference to employees who lose their jobs as a result of a...
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