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Discrimination / Harassment

If employees become disabled, consider them for other jobs

08/25/2008
Employees who become disabled and can no longer perform the essential functions of their jobs, even with accommodations, can be discharged. The New Jersey Law Against Discrimination (NJLAD) does not protect employees under these circumstances. But the law does prohibit discriminating against such individuals who want to apply for other open positions …

Editor tries to stop presses on alleged retaliation

08/25/2008
Silvina Barboza served as editor of Latinos Unidos, a Spanish language newspaper owned by Greater Media Newspapers (GMN) in Freehold. Early in 2005, Barboza was diagnosed with obesity and scheduled for gastric bypass surgery in December. When management learned of her plans, GMN terminated her …

State troopers charge ‘Arbitrary, antiquated’ processes are biased

08/25/2008
Twenty-three black and Hispanic state troopers are suing the New Jersey State Police, alleging bias in promotions, training, special assignments and discipline. The lawsuit claims the department’s promotion system is “an arbitrary, antiquated and subjective process that is skewed in favor of male Caucasians.”

Employees win right to sue for employer post-Employment conduct

08/25/2008
Employers that think their liability ends when a terminated employee walks out the door better think again. A recent New Jersey case expanded employees’ rights to sue employers for post-termination nonemployment-related conduct. In the wake of the decision, courts may construe common employer acts as retaliation …

Tell bosses: Don’t voice anger about discrimination complaint

08/22/2008
Want to create an instant retaliation claim after an employee says she lost out on a promotion because of discrimination? Just let a supervisor or manager react angrily to the accusation. It’s dangerous for managers to make any negative comments in the wake of what an employee says was discrimination. Bosses must learn to hold their tongues …

Lower retirement pay doesn’t excuse late discrimination filing

08/22/2008
Employees who believe they have suffered pay discrimination have to move fast to file their claims. They can’t wait, for example, until after they retire and only then claim their retirement benefits are lower than they should be because they were discriminated against …

Longtime hospital worker sues to keep her job

08/22/2008
You’ve got to give points for stamina, no matter the outcome, to 83-year-old Annie Allen, a part-time worker for more than 35 years at John Umstead Hospital in Butner. She’s fighting for her job after being fired earlier this year …

Judge: ‘Language and national origin not interchangeable’

08/22/2008
Lucas Lopez-Galvan, a native of the Dominican Republic, was hired in June 2005 as a tailor in a Men’s Wearhouse store in Charlotte. Regional tailor Nitin Bulsara, who is fluent in Spanish, hired Lopez despite the fact that Lopez does not speak English.

Survey: Half of U.S. workers say they’ve felt discriminated at work; age is top factor

08/21/2008
Nearly half (47%) of the 2,200 respondents to a Harris Interactive survey say they’ve felt discriminated in some way at their jobs. Among those who’ve felt discriminated, age (52%) was the most prevalent form …

You won’t work Sundays?! EEOC guide explains religious accommodations

08/21/2008

Title VII prohibits employers from discriminating against employees and applicants based on their religion. The EEOC recently published guidance to help employers deal with employees’ religion-based questions regarding time off, free speech, religious clothing and more …