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State Employment Law Articles
Report Link Off Duty Conduct May Subject Employer to Sexual Harassment Liability.Ogletree Deakins - February 13, 2009 The plaintiff complained of sexual harassment by her co-worker – an offer of money for sex – while both were off duty. Shortly thereafter, the plaintiff was allegedly given reduced hours, and subjected to poor treatment by her co-workers and supervisors. Report Link Statute of Limitations for Hostile Work Environment Claim Began to Run When Employee Left Workplace.Ogletree Deakins - February 13, 2009 The plaintiff left the workplace due to alleged sexual and disability harassment on January 11, 2002, and never returned, claiming that ongoing, unremedied harassment made it impossible for him to return to work. His paid leave expired on July 19, 2002, and his employment was terminated the same day. On March 25, 2004, the plaintiff filed a claim alleging hostile work environment and other violations under the Law Against Discrimination (LAD). The plaintiff claimed the two-year statute of limitations for the hostile work environment claim began to run on the date of his termination. Report Link Summary Judgment for Employer Upheld Where Employer Had Clear, Well-Published Policy against Sexual Harassment and Acted Promptly to Investigate and Remediate Offending ConductOgletree Deakins - January 20, 2009 This decision reminds employers yet again of the critical importance of creating, publishing and then following a comprehensive policy for sexual harassment and other complaints of discrimination. Report Link New Jersey Employers Liable for Co-Worker Sexual Harassment in the Absence of an Effective Anti-Harassment Policy.Fisher & Phillips, LLP - September 30, 2008 In the first New Jersey state court decision of its kind, the New Jersey Appellate Division has held that an employer can be liable under state law for an employee's sexual harassment at the hands of a co-worker in the absence of an effective anti-harassment policy, even if the employer was unaware of the harassment. Report Link Court Finds Persistent Dating Attempts Not Equivalent to Sexual Harassment.Ogletree Deakins - September 10, 2008 Despite the spate of recent pro-employee hostile work environment cases, the Supreme Court issued an antidote in Godfrey, holding that the plaintiffs, two female seminary students, were not subject to a hostile environment when a 60-year old seminary resident pursued them in quest of a date, where his behavior involved no sexual language, touching, or inappropriate comments or suggestions. Report Link Hostile Work Environment Claim Dismissed Where Employer Took Prompt Action Following Report, and Had a Comprehensive Harassment Policy in Place.Ogletree Deakins - September 10, 2008 The Appellate Division here affirmed dismissal of a sexual harassment/hostile work environment claim where the employer took prompt action to investigate and remedy the situation and the employer had in place a well-publicized, comprehensive anti-harassment policy, which the employer took affirmative steps to disseminate through an orientation program. Report Link Attorneys Hired By Employers in New Jersey To Investigate Complaints Of Workplace Harassment May Be Sued By Complainant.Littler Mendelson, P.C. - December 28, 2006 In a case of great significance to attorneys hired by employers to investigate claims of workplace harassment, the United States District Court for the District of New Jersey has held in Spagnola v. Town of Morristown (Civ. Action No. 05-577, Dec. 7, 2006), that a plaintiff may sue the investigating attorney for negligent misrepresentation even where there is no attorney-client relationship between the complainant and the attorney. This ruling is consistent with state Supreme Court precedent which holds that the absence of an express assent to enter into an attorney-client relationship will not by itself preclude a finding that such a relationship existed. The ruling warrants careful conduct of investigations by counsel and mandates that they take certain precautions before, during and after such activities. Report Link New Jersey Court Follows Harassment Standard to Determine Liability For Student-On-Student Harassment.Jackson Lewis LLP - February 08, 2006 A late 2005 court ruling puts school districts at risk for liability if they fail to take effective remedial action in response to harassing behavior by students against students. In December, the Superior Court of New Jersey, Appellate Division, held that a student can sue a local board of education under the New Jersey Law Against Discrimination for student-to-student harassment based upon a protected characteristic. Pursuant to the court's ruling, a school district will be liable where the district fails to take effective remedial action in response to the harassment. Importantly, the decision imposes a duty upon school districts to provide professional training to all school personnel, including school board members, administrators and teachers. Report Link New Jersey Employer's Response to Sexual Harassment Complaint Provides Defense Against Lawsuit.Jackson Lewis LLP - September 25, 2003 During the past few years, there has been a steady stream of lawsuits finding New Jersey employers liable for sexual harassment based on lack of an effective anti-harassment policy or failure to conduct a prompt and thorough investigation of alleged misconduct. Report Link New Jersey Courts OK Jury Trial Waiver in Employment Application.Jackson Lewis LLP - October 15, 2002 A ruling by the New Jersey Supreme Court has underscored the necessity for employers to conduct sexual harassment prevention training for employees. The court said New Jersey employers must train managers and supervisors and must make the training available to other employees if they want to avoid liability.
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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