Total Articles: 7
Bill Introduced Seeks to Eliminate Gender Pay Disparity.
On December 8, 2008, a bill (A3510) was introduced that would direct the Council on Gender Parity in Labor and Education to implement certain programs to eliminate the pay disparity between genders.
Single Anti-Gay Comment May Create Hostile Work Environment.
Continuing the trend of recent cases which have expressed little tolerance for bigoted comments in the workplace, the Appellate Division held that a single anti-gay remark by a supervisor – who allegedly called her subordinate a “stupid fag” under her breath after an argument – may be enough to create a hostile working environment under the NJLAD, and sent the case back for a trial. The Court found the facts here comparable to those in Taylor v. Metzger, 152 N.J. 490 (1998), where the Supreme Court held that a single racist remark by a supervisor, who called a subordinate “jungle bunny,” could create a hostile working environment. The Kwiatkowski decision follows the decision last month in Cutler v. Dorn, in which the Supreme Court held that anti-Semitic remarks in the workplace were serious enough to create a hostile working environment.
Senate Bill Introduced to Authorize Same-Sex Marriage in New Jersey.
A bill introduced in the Senate on June 9 (S1967) and Assembly on June 16 (A2978), the “Freedom of Religion and Equality in Civil Marriage Act,” would authorize same-sex marriage in New Jersey and simultaneously would allow clergy to refuse to solemnize same-sex marriages.
New Jersey Now Prohibits Gender Identity Discrimination (pdf).
In June 2007, New Jersey amended its Law Against
Discrimination (LAD) to cover “gender identity and
expression.” The LAD now protects individuals who
have or are perceived as having “a gender related identity
or expression . . . not stereotypically associated with a
person’s assigned sex at birth, including transgender
status,” from discrimination in employment, housing,
public accommodation and qualifi cation for loans.
Employers Must Comply with New Jersey Civil Union Law.
The New Jersey Civil Union Law went into effect on February 19, 2007. New Jersey employers should immediately review their existing personnel and benefit policies and revise them where applicable, as discussed below.
Pregnant Employees Entitled Only To Equal, Not Preferential, Leave Rights.
The New Jersey Supreme Court ruled yesterday that the sex discrimination provisions of the state’s Law Against Discrimination (LAD) do not require an employer to provide pregnant employees more leave than other employees, if the employer applies its medical leave policy in a gender neutral and consistent fashion. According to the Court, “if an employer treats its pregnant employees no differently than comparable non-pregnant employees in need of extended medical leave, then the LAD is not transgressed.” The decision by a narrow 4-3 majority is a significant victory for New Jersey employers and provides long awaited clarification of a murky issue.
New Jersey Domestic Partnership Act Becomes Effective (pdf).
The New Jersey Domestic Partnership Act ("DPA")
became effective July 10, 2004. Under the DPA, same-sex
couples where both partners are over age 18, and oppositesex
couples where both partners are over age 62, may
register with the State as Domestic Partners and receive a
Certificate of Domestic Partnership. The impact on
employers who have employees in New Jersey will not be
great, but it is worth noting the following.
