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Articles Posted in Constitutional Rights

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State Cannot Prohibit Government Employee From Discussing Investigations of Harassment and Discrimination Complaints

The New Jersey Law Against Discrimination prohibits discrimination and harassment in the workplace.  The New Jersey Civil Service Commission published a regulation incorporating this requirement.  However, in the case of Savchenko v. State of New Jersey, the New Jersey Supreme Court found that a portion of this regulation which requested…

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New Jersey Appeals Court Closes Door on Challenges to Public Employer COVID-19 Vaccine Mandates

The Appellate Division recently issued an employment law decision in the case of Matter of City of Newark and Newark Police Superior Officers’ Association, et al., concerning the ability of public employee unions to challenge the City of Newark’s COVID-19 vaccination requirement.  The Court expressly held that the City has…

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Pregnancy Now Protected Under the New Jersey Law Against Discrimination

On January 21, 2014, Governor Chris Christie signed legislation amending the New Jersey Law Against Discrimination to include pregnancy, childbirth, and related medical conditions among employees receiving protection against discrimination. The law is effective immediately. Introduced as bill in September 2013 to combat discrimination against pregnant women and women with…

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Defamation on the Internet: Accommodating the Growth of Social Media

A person may be a victim of defamation when another person has said something false about her. Defamation is a generic term for libel (a defamatory statement that is written) and slander (a defamatory statement which is spoken). The statement cannot be a joke or an expression of opinion; it…

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New Jersey Court Rules – Changes for 2013 and 2014

New Jersey’s Constitution tasks the State’s Supreme Court with creating rules to govern the practices and procedures in the New Jersey court system. The first set of rules went into effect on September 15, 1948. Every year thereafter, the Supreme Court organizes an annual Judicial Conference to consider new amendments…

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Free Speech Versus False Statements: New Jersey’s Libel, Slander, and Defamation Law

Just about everyone has been called a name or had someone say something about them that wasn’t true, but when does that false statement become actionable defamation? Under the law in New Jersey, defamation requires at least three people. It occurs when someone (“A”) makes a specific factual assertion about…

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