NJ Division of Civil Right has issued guidance clarifying that state discrimination law prohibits algorithmic discrimination. The Guidance discusses how the design, training, and deployment phases involved with AI decision-making tools can lead to discrimination under the NJ Law Against Discrimination.
Articles Discussing New Jersey's Law Against Discrimination.
New Jersey Attorney General: NJ’s Law Against Discrimination (LAD) Applies to Automated Decision-Making Tools
This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law,
New Jersey Supreme Court limits the LAD’s reach as to religious institutions, but will it last?
The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria adopted pursuant to the tenets of its religion.
COVID-19: A Disability Under New Jersey’s Anti-Discrimination Law? Appellate Division Responds
THE NEW JERSEY APPELLATE DIVISION CONSIDERED WHETHER CONTRACTING COVID-19 IS SUFFICIENT FOR AN EMPLOYEE TO CLAIM THEY QUALIFY AS AN INDIVIDUAL WITH A DISABILITY UNDER THE NEW JERSEY LAW AGAINST DISCRIMINATION
New Jersey’s Proposed Amendments to Law Against Discrimination Sure to Impact Businesses and Litigation
The New Jersey Senate is considering a bill (Senate Proposal) that, if passed, will significantly affect business operations and employment litigation in the state for years.
New Jersey’s Supreme Court Upholds Reinstatement of Medical Cannabis User’s Claim Under the New Jersey Law Against Discrimination
Executive Summary: On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a post-accident drug test. The holding confirms medical cannabis users in New Jersey have two potential avenues to bring discrimination lawsuits against employers: the New Jersey Law Against Discrimination (“LAD”), and the recently amended Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”).
New Jersey Division on Civil Rights Releases Enforcement Guidance on State Equal Pay Act
The New Jersey Division on Civil Rights (DCR) has released a 25-page guidance explaining its enforcement policies with respect to the state’s equal pay law. The guidance provides much-needed direction to companies navigating the pitfalls associated with compensation systems and policies.
The guidance addresses questions ranging from multistate employees to
Court Holds New Jersey’s Equal Pay Act Will Not Be Applied Retroactively
The Diane B. Allen Equal Pay Act (NJEPA) does not apply retroactively to conduct occurring before to its effective date, July 1, 2018, a federal district court has ruled. Perrotto v. Morgan Advanced Materials, 2:18-cv-13825-WJM-MF (D. N.J. Jan. 14, 2019). The court granted the employer’s motion to dismiss.
Amendment to New Jersey Anti-Discrimination Law Poses Challenges to Using Non-Disclosure and Jury Trial Waiver Provisions
An amendment to the New Jersey Law Against Discrimination (LAD) to prohibit enforcement of non-disclosure provisions in certain agreements, including employment contracts and settlement agreements, has been passed by the New Jersey Legislature. The amendment could also potentially impact use of jury trial waivers, given the LAD’s jury trial provision. Governor Phil Murphy is expected to sign this legislation into law.
New Jersey Governor Signs Pay Equity Bill into Law
New Jersey’s Diane B. Allen Equal Pay Act will take effect on July 1, 2018. The new law contains sweeping changes to the New Jersey Law Against Discrimination (LAD), such as a prohibition against discrimination with respect to compensation or financial terms of employment, a six-year statute of limitations, and treble damages for violators.
Nurse’s Disability Discrimination Claims May Proceed to Trial, New Jersey Supreme Court Rules
A registered nurse employed by a New Jersey health care system for approximately 10 years may proceed to a jury trial with her disability and perceived disability claims under the New Jersey Law Against Discrimination, the Supreme Court of New Jersey has ruled. Grande v. Saint Clare’s Health Sys., 2017 N.J. LEXIS 746 (July 12, 2017). Summary judgment is not appropriate in this case because significant questions of fact exist, the Court found.
‘Garden Variety’ Emotional Distress Damages in Employment Matters to ‘Bloom’ in New Jersey
The specific facts presented to the jury will determine whether an award of “garden variety” emotional distress damages is reasonable, the New Jersey Supreme Court has held in an employment discrimination case brought under the New Jersey Law Against Discrimination (“LAD”). Cuevas v. Wentworth Group, A-30-14 (Sept. 19, 2016).
New Jersey Supreme Court Nixes Shortened Timeframe for LAD Claims
The New Jersey Supreme Court recently overturned the longstanding policy of permitting employers and employees to agree to a shortened timeframe for an employee to file a discrimination suit under the New Jersey Law Against Discrimination (LAD). The case, Rodriguez v. Raymours Furniture Co., concerned the enforceability of a shortened statute of limitations contained in an employment application. The language in dispute, written in all capital letters and bold font, stated, “I agree that any claim or lawsuit relating to my service with [Defendant] must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary.” The plaintiff signed the application and began his employment.
New Jersey Employers Cannot Reduce Employees’ Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules Unanimous New Jersey Supreme Court
Executive Summary: The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are unenforceable. In a decision issued June 15, 2016, the Court unanimously ruled (6-0) that a six-month time limit for filing claims contained in an employment application was unenforceable and did not bar the plaintiff’s disability discrimination claims. See Rodriguez v. Raymours Furniture Company, Inc., No. A-27-14 (June 15, 2016).
New Jersey Appellate Division Clarifies When Employers Can Require Employee Psych Examinations
The circumstances under which a company or organization may require an employee to undergo a medical examination can be confusing for employers, and for good reason: The “rules” are cobbled together from a variety of sources and are from the model of clarity. The Appellate Division of the Superior Court of New Jersey recently attempted to synthesize and clarify these rules in the case of In re Williams, a decision whose importance will likely increase as disability and reasonable accommodation issues continue to be fertile ground for plaintiffs’ attorneys. 2016 N.J. Super. LEXIS 15 (App.Div. Jan. 25, 2016)