In an important New Jersey employment law decision, the Appellate Division of the State Superior Court examined exceptions to the 90 day limit for challenging a board of education’s decision regarding a teacher’s tenure status. In that case, Frayne v. Board of Education of the Borough of Highland Park, the…
The Appellate Division recently issued a decision exploring the limits of progressive discipline in New Jersey civil service discipline in the case of Matter of Collins. Background Darius Collins was a senior corrections officer at Norther State Prison. He had been a corrections officer for more than two years…
Background: Disability Discrimination and the Requirement of Reasonable Accommodation New Jersey’s Law Against Discrimination bars employers from discriminating against employee’s because of a disability, provided they can perform the job with “reasonable accommodation.” Because no two employees or workplaces are the same, no accommodations will be the same for two employees,…
The State Supreme Court recently issued an important decision concerning New Jersey employment law. In the case of Pritchett v. State, the Court confirmed that punitive damages are available against public employers under the New Jersey Law Against Discrimination and whistleblower protection laws, and defined the heightened standard under which…
The Kengerski Case The United State Court of Appeals for the Third Circuit recently issued an important employment law decision interpreting Title VII of the Federal Civil Rights Act of 1964 in the case of Kengerski v. Harper. Kengerski filed a lawsuit alleging that he objected to racially offensive comments…
The law invests law enforcement officers with significant authority. New Jersey employment law therefore imposes on them a high standard of conduct. And while progressive discipline governs the review of disciplinary infractions, particularly in the civil service context, serious offenses can result in termination even for a first offense. Sometimes…
A recent New Jersey employment law decision by the Appellate Division of the State Superior Court in the case of Matter of Brian Clancy, illustrates the procedures – and some of the pitfalls – of appeals from the removal of candidates from civil service eligible lists. Background: Removal from…
In an important employment law decision, New Jersey’s Supreme Court once again considered the actions necessary to constitute illegal workplace harassment in the case of Rios v. Meda Pharmaceutical, Inc. In this case the alleged harassment was based on an employee’s race and ethnicity in violation of New Jersey’s Law…
New Jersey’s Law Against Discrimination prohibits employment discrimination, including age discrimination. In interpreting this state law, New Jersey courts look to federal employment law, including the Age Discrimination in Employment Act, or the “ADEA,” passed by Congress in 1967. A recent case by the United States Court of Appeals for…
A recent New Jersey employment law decision in the case of In the Matter of Wilfred Guzman, Rockaway Township Police Department, examined what penalties are available against a New Jersey civil service law enforcement officer. Background Wilfredo Guzman was a police officer with the Rockaway Township Police Department, a…