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Discrimination / Harassment

No expectation of privacy on work PCs

07/01/2007

Q.  An employee recently complained that she had received pornographic e-mail messages and links to X-rated web sites from some of her co-workers. I want to review these messages — and other messages these guys have sent — to figure out exactly how large a problem I’m facing. Can I do this?

Few women on staff? Watch for hostile-Environment claims

07/01/2007

Employers could violate the New Jersey Law Against Discrimination (NJLAD) even if they don’t intend to discriminate …

Vague disability isn’t an excuse for special treatment

07/01/2007

To make sure employees who really aren’t disabled don’t get special treatment, HR professionals need to understand what constitutes a disability and what’s just a minor ailment …

National security trumps national-Origin claims

07/01/2007

Even in a post-Sept. 11, 2001, environment, employers know they can’t use national origin or religion as an excuse to discharge or refuse to hire employees.

Accommodation doesn’t need to match employee’s request

07/01/2007

Title VII protects employees from discrimination based on their religion and requires employers to make reasonable accommodations for religious practices. But the requirement isn’t absolute …

State’s whistle-Blower retaliation law may reach NJ companies with foreign subsidiaries

07/01/2007

New Jersey companies with operations or facilities in foreign countries can find themselves being sued in-state, even if the alleged whistle-blowers work overseas …

Racial gangster jokes cost Perth Amboy police $1.9 million

07/01/2007

A Middlesex County jury awarded $1.9 million to Perth Amboy police officer Guadelupe Munoz for racial insults and jokes he suffered after becoming the department’s first Mexican-American officer in 2000 …

NJLAD now prohibits gender-Identity and expression discrimination

07/01/2007

Last December, the New Jersey Legislature amended the New Jersey Law Against Discrimination (NJLAD) to protect people from adverse treatment due to “gender identity or expression” …

Mothers and other caregivers get EEOC protection

07/01/2007

The EEOC just issued guidelines stating that one’s status as a family member can’t be considered in employment decisions. The agency says the guidelines address “family-responsibility discrimination.” They draw on earlier theories about so-called “gender-plus” discrimination …

Appraisal must be tied to adverse action to be retaliation

07/01/2007

Supervisors often feel as if they are walking on eggshells after an employee has filed a discrimination complaint. After all, just about anything they do after a complaint has been filed could be seen as retaliation. If supervisors ask what to do, tell them this: Treat the employee as you would any other …