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Proposed Law to Codify NJ Public Policy on Law Against Discrimination 2-Year Limitation Period

By | October 3rd, 2016|Categories: Employment Law News, Law Against Discrimination (LAD)|Tags: |

The NJ Supreme Court's June 2016 decision in Rodriguez v. Raymour's Furniture established as the common law of NJ that employers cannot shorten two year statute of limitations that applies to cases brought under the Law Against Discrimination.  We have written about this ongoing matter here and here. The Court's decision settled the issue as [...]

Changing Time(s) for Employment Litigation?

By | January 5th, 2015|Categories: CEPA/Whistleblower, Employment Law News, Firing Issues, Hiring Issues, Law Against Discrimination (LAD), Policies & Handbooks|Tags: |

The New Jersey Supreme Court will review the decision of the Appellate Division in Rodriguez_v._Raymours_Furniture. Why should you care?  Because there is a lot at stake --- for both employers and employees --- in how this case is finally decided. In a nutshell, this is the issue.  Under the NJ Law Against Discrimination, the statute [...]

Law Against Discrimination Prohibits Sexual Advances by Supplier Against Female Business Owner

By | January 7th, 2010|Categories: Law Against Discrimination (LAD)|Tags: , , |

JT's Tire Service v. United Rentals is not, strictly, speaking, an employment law case.  But it affords us an interesting look at an unusual issue under New Jersey's Law Against Discrimination, the linchpin of employment discrimination litigation in the great Garden State.  As you will see, this opinion merits the attention of every business in [...]

Attorney’s Fee Awards in LAD Cases

By | January 28th, 2008|Categories: Law Against Discrimination (LAD)|

Cases brought under the New Jersey Law Against Discrimination [LAD] are known as "fee-shifting"  cases.  This means that --- contrary to the usual rule that each party pays her own attorney's fees --- the prevailing party can ask the court to order that the losing party pay the winner's legal expenses.  Thus, the responsibility for [...]

Disability Under the LAD: Does a Plaintiff Need an Expert Witness to Establish Disability?

By | December 20th, 2007|Categories: Law Against Discrimination (LAD)|

Yesterday we posted on Sarnowski v. Air Brooke Limousine for its important impact on notice requirements under the FMLA.  Sarnowski also contains an important reminder about how plaintiff's can establish that they are disabled for purposes of the New Jersey Law Against Discrimination.  The trial court had dismissed Sarnowski's disability claim because he had not offered [...]

Age Discrimination: Stray Remarks

By | March 12th, 2007|Categories: Age Discrimination, Law Against Discrimination (LAD)|

A common issue in employment discrimination litigation is the importance that should attach to comments made by representatives of the employer as evidence of discriminatory intent. Employers often argue that comments that might otherwise be seen as discriminatory should be disregarded as "stray remarks." Courts have struggled to find a coherent definition of stray remarks [...]

Retaliation Awards Taxable as Income

By | March 9th, 2007|Categories: Law Against Discrimination (LAD)|

Our last post discussed the enhanced proof that plaintiffs must present to win a claim for retaliation.  This post deals with the tax treatment of the award when plaintiffs win.  The U.S. Tax Court recently decided the question in Green v. Commissioner of Internal Revenue.  The court began with the proposition that all income is [...]

Retaliation Cases: New Standard in NJ

By | March 9th, 2007|Categories: Law Against Discrimination (LAD)|

The NJ Supreme Court recently established a new and more difficult standard for plaintiffs to prove claims of retaliation or reprisal under the Law Against Discrimination [LAD]. The case is Carmona v. Resorts International Hotel, Inc. The LAD contains an anti-retaliation provision, which makes it an unlawful employment practice to  "take reprisals against any person because . [...]

New Punitive Damages Ruling

By | February 26th, 2007|Categories: Law Against Discrimination (LAD)|

Tarr v. Ciasulli is a sexual harassment case between a female employee and her ex-employer, an automobile dealership.  This long-running drama has spawned two published opinions, the more recent one having come down on February 26. The new opinion deals with the circumstances in which punitive damages can be awarded.  In short, the court held that [...]

LAD Amended to Protect Transgender Individuals

By | December 20th, 2006|Categories: Law Against Discrimination (LAD)|

The Newark Star-Ledger reports today that the New Jersey Law Against Discrimination has been amended to protect from discrimination transgender persons. "The bill (S-362) defines transgendered individuals as having or perceived as having a different gender-related identity or expression than the one typically associated with a person's sex at birth." We haven't seen the full [...]

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