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Employment Law

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 …

NJ Senate bill puts paid family leave on the horizon

07/01/2007

The Senate Budget Committee approved a bill May 24 that would grant paid family leave to the employees of most New Jersey businesses …

River Vale to pay $75,000 for mayor’s conduct

07/01/2007

The township of River Vale settled a lawsuit with Police Chief Aaron Back over harassment by former Mayor George Paschalis. Back testified that Paschalis repeatedly threatened to fire him …

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” …

Vague claims of illness not enough to trigger liability

07/01/2007

Employees should notify their employers before taking FMLA leave—30 days ahead if possible. In cases of emergencies or sudden illnesses, employees must let their employers know as soon as is practical. But that doesn’t mean calling in sick or providing a vague doctor’s note is enough …

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 …

Some computer jobs exempt from EPA/FLSA protection

07/01/2007

Because of a quirk in the way the Equal Pay Act and the Fair Labor Standards Act have been amended over the years, female workers classified as exempt computer professionals under the FLSA can’t sue their employers for EPA violations …

Document accommodation delays beyond your control

07/01/2007

The ADA requires employers to try to accommodate disabilities so workers can perform the essential functions of their jobs. Accommodation can include special equipment. But employers must not delay the accommodations process. If it takes too long to get the equipment a disabled employee needs, employers may be liable …

Be prepared to explain each promotion decision

07/01/2007

One of the most important factors in promotion discrimination cases is also one of the easiest to control. The courts may not care that your decisions on whom to promote were perfectly rational; they want proof that you used the same factors for each candidate, flawed or not …