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Discrimination / Harassment

NJLAD disability claim allows employers to demand medical information

04/28/2008
The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on disability and requires employers to reasonably accommodate employees with handicaps. Employees who want accommodations have to let their employers know. Refusing to provide updated medical information sinks an employee’s NJLAD claim …

Camden firefighter sues over racism

04/28/2008
A firefighter who was recently fired by the Camden Fire Department is suing for harassment and retaliation, alleging a captain at Tower Ladder Company 2 “habitually” made threatening racist comments. Shane Streater alleges that he was discharged shortly after he began complaining about the harassment …

Farash Corp. faces harassment suit over execs’ comments

04/28/2008
A former executive assistant for Farash Corp. is suing the Rochester-based real estate company for sexual harassment. Susan Poulter claims she was fired without warning in June 2006, four months after she complained about inappropriate comments allegedly made by male executives …

Nine years later, Prudential settlement not quite settled

04/28/2008
In 1999, Linda Guyden, a former vice president for Prudential Insurance Company in Newark, and 358 other employees received a $10 million settlement for race discrimination and related claims against the company. Then, in 2000, Guyden filed a separate federal lawsuit based on her complaint …

New religious discrimination legislation expands NJLAD

04/28/2008
Employers, take notice: A new type of accommodation is required in New Jersey. Gov. Jon S. Corzine has signed into law an amendment to the New Jersey Law Against Discrimination (NJLAD) that makes it unlawful to discriminate against an employee because of a sincerely held religious practice or observance …

Lawsuit and agency investigation at same time?

04/28/2008
Q. Can an employee sue us in the New Jersey Superior Court for the same alleged discrimination still pending before the Division on Civil Rights? …

Do you discipline for age-Related remarks? You should

04/25/2008
A supervisor who makes rude or obnoxious comments about his subordinates’ ages might wind up causing an age discrimination lawsuit. That’s one reason you should take seriously all complaints about inappropriate comments—and discipline supervisors who think age is something to joke about …

It’s up to the employee to explain religious objections

04/25/2008
Good news for employers: You aren’t required to be religiously clairvoyant when it comes to accommodating religious beliefs. Although Title VII says employers must reasonably accommodate religious beliefs that conflict with job requirements, it is the employee who is responsible for explaining exactly how her religion conflicts with some aspect of the job …

Serial complainer? She probably can’t show retaliation

04/25/2008
Employees who file discrimination complaints can claim retaliation if they can show that their employers took actions that would dissuade reasonable employees from complaining in the first place. But employees who constantly file complaints probably won’t be able to show retaliation for all but the most egregious punishments. Here’s why …

Make and keep interview notes to prove promotion process wasn’t discriminatory

04/25/2008
Employers that lean heavily on interviews to decide which of two equally qualified candidates to promote should make sure they can later explain the selection process. That means asking participants in panel interviews to take and collect notes on what the interviews covered and how well the candidates did …