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New Jersey Court Reverses Million Dollar Award in Disability Discrimination...
Last month, New Jersey’s Appellate Division reversed a verdict of over one million dollars in a disability discrimination and retaliation case because the only evidence supporting the claim was...
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Is Obesity a Disability Under New Jersey and New York Anti-Discrimination Laws?
Last month the American Medical Association (AMA) voted to designate obesity as a disease. More specifically, it adopted a resolution which states that obesity is a disease that leads to other...
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New Jersey Court Permits Employee to Proceed with Disability Discrimination...
Earlier this month, a federal judge in New Jersey ruled that Bryan Maher can proceed with numerous employment law claims against his former employer, Abbott Laboratories. Mr. Maher began working for...
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Inability to Sit for Long Time Can Be Disability Under Americans with...
The Americans with Disabilities Act (ADA) is a federal law that prohibits employers from discriminating against employees because they are disabled. It defines a “disability” as a physical or...
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Court Finds Positive Performance Reviews Sufficient to Support Disability...
A recent disability discrimination opinion from the District of New Jersey reflects the relatively low burden an employee has to meet to have his case decided by a jury. Damian Melton, a Type I...
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Employer Cannot Fire Employee for Requesting Time Off for Disability
A recent employment law case from the District of New Jersey demonstrates that you might be entitled to time off from work for a disability under the New Jersey Law Against Discrimination (“LAD”) even...
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Jury to Decide Whether Nurse’s Disability Prevented Her From Working
The New Jersey Appellate Division Court recently considered the standard for discharging an employee based on a “perceived disability,” and in so doing reversed a grant of summary judgment to the...
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The Power of Direct Evidence of Discrimination
In my previous article, Employer Must Provide Job Description So Employee Can Assess Need for Reasonable Accommodation, I discussed a case which addresses an employee’s right to a reasonable...
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Inaccurate Job Description Foils Termination Based on Failed Fitness for Duty...
Earlier today, New Jersey’s Appellate Division ruled that an employee is entitled to a trial to determine whether her employer fired her because it incorrectly perceived she was unable to perform her...
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Employers Need Sufficient Basis to Require Fitness for Duty Exam
A recent ruling by New Jersey’s Appellate Division demonstrates that an employer can commit disability discrimination in violation of the Americans with Disabilities Act (“ADA”) if it requires an...
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Treating Physician Can Testify About Employee’s Disability
Earlier this year, the New Jersey Supreme Court ruled that in an employment discrimination lawsuit the employee’s treating physician can offer medical opinions relating to the medical treatment without...
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Employer Can’t Fire Employee for Mistake Caused by its Failure to Accommodate...
A New Jersey court recently ruled that a jury must determine whether an employer committed disability discrimination in violation of the New Jersey Law Against Discrimination (“LAD”) by firing an...
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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...
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Employee’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...
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New 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...
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New 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...
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New 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...
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Termination 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....
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New 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...
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