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Employment Law

New Jersey’s anti-Discrimination law has long reach

12/01/2007

You may think that the New Jersey Law Against Discrimination (NJLAD) applies only to your role as an employer. You would be wrong. In fact, the NJLAD may affect other aspects of your organization’s business activities. As the following case shows, even refusing to do business with another company can lead to discrimination litigation …

Documenting HR’s responsiveness cuts harassment liability

12/01/2007

Employees who quit in frustration when their harassment complaints go unheeded can sue, claiming they were “constructively discharged” because conditions were unbearable. That’s why it’s crucial for the HR office to respond to each and every complaint. Doing so can head off a surprise lawsuit …

Buying a business? You may be on hook for old violations

12/01/2007

Companies planning to take over existing businesses and continue running them as they were run in the past—watch out! If the former management didn’t pay its employees properly, your company may be inheriting legal liability as well as a new business …

Generalized harassment isn’t considered retaliation under CEPA

12/01/2007

Good news for employers: Workers who claim they have been retaliated against for whistle-blowing under the New Jersey Conscientious Employee Protection Act (CEPA) have to show more than generalized displeasure with their organizations’ actions. Mere harassment isn’t enough—the employer has to take concrete action such as firing, demoting or denying promotions …

Hospital workers suspended for peeping at George Clooney’s medical files

12/01/2007

When actor George Clooney was admitted into the Palisades Medical Center in North Bergen after a motorcycle accident, staffers scrambled to get a glimpse of the star. Others apparently contented themselves with a peek at his medical files …

Tropicana Casino faces yet another age discrimination suit

12/01/2007

Two former pit bosses are suing the Tropicana Casino and Resort in Atlantic City for replacing them with younger workers. The Tropicana already faces an EEOC lawsuit on behalf of 20 employees ranging in age from their late 40s to their early 70s who were laid off in January …

Union drive stalls at Hilton Casino in Atlantic City

12/01/2007

A Hilton pit boss and his wife are suing the United Auto Workers for $100 million, claiming the union harassed them during an organizing drive at the Atlantic City casino last spring …

South Jersey township settles age discrimination suit

12/01/2007

Washington Township in Gloucester County will pay $50,000 to a municipal worker to settle an age discrimination lawsuit that has been brewing for six years …

Must we pursue reasonable accommodation if employee could never return to work?

12/01/2007

Q. I run a bike messenger service in downtown Newark. Recently I discharged one of my messengers who was rendered a paraplegic in a freak accident. We did not participate in the interactive ADA accommodations process, but I think all parties would concede there is no reasonable accommodation that would allow her to ride a bike again. We are aware of liability for failure to provide a reasonable accommodation, but is there a separate cause of action in New Jersey for failing to engage in the interactive process? …

FMLA and late certification: Can we fire for missed deadline?

12/01/2007

Q. As the law requires, my company provides FMLA leave to employees, provided they submit medical certification forms completed by their health care providers, within 15 days. A late submission is grounds for discharge under the company’s employee absence policy. Health care providers being what they are, we frequently receive forms after the deadline. I have a problem employee out on FMLA leave again, who has not submitted a medical certification form within the 15-day deadline. What options are available to me as the employer? Will the employee be protected by the FMLA if I choose to discharge her for not providing the certification form in a timely manner? …