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State Employment Law Articles
Report Link "Cat's Paw" Liability Based on Conduct of Subordinate Recognized by New Jersey State CourtJackson Lewis LLP - September 17, 2008 A state appellate court for the first time in New Jersey has adopted the imposition of the “cat’s paw” liability, whereby an employer may be liable for a lower-level supervisor’s discriminatory behavior even though the ultimate decision maker is incapable of discrimination. Report Link Statute Of Limitations On Teacher's Discrimination Claim Begins To Run On Date Plaintiff Received Notice Of Reduction In Force.Ogletree Deakins - August 05, 2008 Here, the Appellate Division affirmed the State Board of Education’s determination that a non-tenured teacher’s discrimination claim was barred by the statute of limitations, where the teacher received notice that her contract would not be renewed due to a RIF, but did not file a discrimination claim until after the 90-day limitations period expired. Report Link Notice-of-Claim Requirement Does Not Apply to New Jersey's Civil Rights Act.Ogletree Deakins - July 03, 2008 Owens, et al., v. Feigin, et al., A-43-07 (N.J. June 3, 2008) — The New Jersey Supreme Court recently held that the 90-day notice of claim requirement under the New Jersey Tort Claims Act (TCA) does not apply to causes of action brought under the New Jersey Civil Rights Act (CRA). Report Link Dishonesty In Job Application May Limit, But Does Not Bar, NJLAD Claim.Ogletree Deakins - June 09, 2008 Addressing the issue of “after acquired evidence”, the New Jersey Supreme Court held that an individual who concealed requested, but not disqualifying, information on a job application – here, information about a prior conviction – is not precluded from pursuing a claim under the NJLAD, even if the employer can show that it would not have hired the employee had it known of the information at the time of hiring. Report Link Supervisor Liability Under LAD Clarified.Ogletree Deakins - June 09, 2008 The New Jersey Supreme Court held in the Cicchetti case that a supervisor can only be held personally liable under the NJLAD if he/she was an “aider or abettor,” which “require[s] active and purposeful conduct.” Although several questions about individual liability remain – such as whether a non-supervisory employee can be held individually liable under the NJLAD – the Court definitively held that a supervisor who is merely accused of failing to respond promptly to complaints of harassment or discrimination cannot be personally liable under the NJLAD. Report Link Proposed Amendments to the New Jersey Law Against Discrimination to Bar Mandatory Arbitration Provisions, Prohibit "Abusive" Conduct, Require Reasonable Accommodation of Pregnancy, and More.Ogletree Deakins - April 01, 2008 On January 28, 2008, a bill (A1898) was introduced in response to the New Jersey Appellate Court decision in Cutler v. Dorn (App. Div. 2007), which held that several sporadic Anti-Semitic comments and pranks made to a police officer were not unlawful under the New Jersey Law Against Discrimination (“LAD”). Report Link Appeals Court in New Jersey Okays Hostile Work Environment Suit by Independent Contractor.Jackson Lewis LLP - January 14, 2008 An appeals court in New Jersey has revived a sexual and ethnic harassment lawsuit brought against the state by a social worker who counseled inmates in one of its correctional facilities even though she was employed by a private company. Because the New Jersey Department of Corrections ("DOC") exercised sufficient control over the plaintiff to give rise to an employment relationship, the court held she could pursue a hostile work environment claim against DOC under the New Jersey Law Against Discrimination ("LAD"). Report Link N.J. Sup. Ct. Applies Discrimination Law, Holds School District Liable For Bullying.Fisher & Phillips, LLP - June 27, 2007 The New Jersey Supreme Court recently ruled that the State's Law Against Discrimination, (LAD), extends to students in a public school setting, holding a school board liable for student-on-student sexual harassment. In reaching this decision, the Court unanimously proclaimed that "students in the classroom are entitled to no less protection from unlawful discrimination and harassment than their adult counterparts in the workplace." In sweeping language, the Court stated that "reasonable measures are required to protect our youth, a duty that schools are more than capable of performing." Report Link Gender Identity and Expression Amendments to New Jersey Law Against Discrimination Take Effect Today.Ogletree Deakins - June 19, 2007 Employers in New Jersey are prohibited from discriminating against an employee because of his or her "gender identity or expression" under amendments to the New Jersey Law Against Discrimination (NJLAD) that take effect today. Accordingly, New Jersey employers must make appropriate modifications to their EEO policies and become educated on issues and terminology with which they may not be familiar. Report Link NJ Supreme Court Holds Student-On-Student Harassment Actionable Under Law Against Discrimination.Jackson Lewis LLP - March 21, 2007 The Court further held a school district shall be liable when it “knew or should have known of the harassment but failed to take actions reasonably calculated to end the mistreatment and offensive conduct.” Report Link Prejudgment Interest Available under New Jersey's Law Against Discrimination (pdf).Vedder Price - August 04, 2006 In a recent decision that could have a signifi cant
economic impact on companies with employees in
New Jersey, the New Jersey Supreme Court has held
that prejudgment interest is available under the state’s
Law Against Discrimination, N.J.S.A. § 10:5-1 et seq.
(the “LAD”), even in cases where the defendant is a
public entity. Report Link New Jersey High Court Makes It Easier for Plaintiffs to Sue Under the Law Against Discrimination.Jackson Lewis LLP - April 18, 2005 The New Jersey Supreme Court has issued a ruling making it easier for individuals to clear the initial hurdle in a lawsuit claiming discrimination under the state's fair employment practices law.
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Count and Sub-TopicsArticles Found: 12NO SUBTOPICSEmployment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 2, 2008 Shaw Valenza LLPCalifornia Workplace Law Update 2008Los Angeles
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Costa Mesa
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson & ByronLegally Required Sexual Harassment Training - California LocationsOntario
December 2, 2008 Fisher & PhillipsThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson |
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