New Jersey Law Against Discrimination Lawyers Tag Archives

Published on: August 13, 2021

Supreme Court of New Jersey Employment Law Decision Clarifies Standard for Illegal Workplace Harassment

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 columns-round-300x201 and ethnicity in violation of New Jersey’s Law Against Discrimination.

Background

New Jersey’s Law Against Discrimination prohibits workplace discrimination because an employee’s protected characteristic, including the employee’s:

Published on: January 15, 2021

Federal Case Examines the Standards for Summary Judgment Motions Under New Jersey Law Against Discrimination

by Maurice W. McLaughlin

In the recent case of Arku-Nyadia v. Legal Sea Foods, LLC, in the United States District Court for the District of New Jersey, the federal trial court covering the entire State of New Jersey, Judge Susan Wigenton examined the standards governing motions for summary judgement in lawsuits alleging violation of the New justice-2060093_960_720-300x200 Jersey Law Against Discrimination. In a summary judgment motion, a judge is asked to dismiss a party’s lawsuit because the moving party argues that even if the court took all the evidence in the best light favorable to the other party, it doesn’t create a question of fact for a jury and the moving party should prevail as a matter of law.

Background: The Arku-Nyadia v. Legal Sea Foods, LLC Case

Suzy Arku-Nyadia was a Black woman who was born in Ghana and immigrated to the United States in 1999, to pursue bachelor’s and master’s degrees. She worked for Legal Sea Foods, LLC (“LSF”) for fifteen years at multiple locations, beginning in Virginia in 2002 before transferring to Short Hills, New Jersey in 2004, and thereafter working in both New Jersey and New York. Her final position was at LSF’s Paramus location.

Published on: October 28, 2020

Appellate Division Issues New Jersey Employment Law Decision on Sexual Harassment and Notice Requirements

by Maurice W. McLaughlin

The Appellate Division of the Superior Court recently issued an opinion on New Jersey employment law discussing the nature of sexual harassment and when a us-supreme-court-300x200 tort claim notice must be served in the employment context.

The Willis Case

In this case, Willis v. Walker, Fuller and the College of New Jersey, Ratarsha Willis was employed as a senior building maintenance worker by The College of New Jersey (“TCNJ”). Willis and Walker had a consensual affair, during with Walker recorded their tryst on his cellphone in flagrante delicto. Willis did not report to Defendant Walker, but he could assign her work. Walker advised Willis that he showed the video with other employees, including Fuller, because she was teasing Walker that “his penis was little.” Fuller, a supervisor, discussed the video with other TCNJ employees, but took no action to stop the conduct or report it to human resources.

Published on: June 6, 2016

Proving Disabilities in Cases Under New Jersey’s Law Against Discrimination

by Maurice W. McLaughlin

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New Jersey employment law has long protected employees against discrimination in employment. New Jersey was one of the first states to do so, passing the Law Against Discrimination in 1947. One of the things that New Jersey’s Law Against Discrimination protects employees from is discrimination because of disabilities. This means that employers are prohibited from doing three things. First, employers cannot take adverse actions, such as firing or demotion, against employees because of their disabilities. Second, employers cannot harass or create a hostile work environment for employees because of their disability. Finally, employeer cannot fail to make reasonable accommodations so that employees can do their job even with their disabilities.

When an employer violates New Jersey’s Law Against Discrimination, employees may sue their employees. If they are successful they can recover their economic damages (such as lost pay), compensation for their emotional distress, the attorneys fees and litigation expenses they spent in the lawsuit, and sometimes punitive damages. Of course, the employees must first prove that the employers violated the New Jersey Law Against Discrimination, and then they must prove their damages.

Proving that an employee had a disability is part of the employee’s required proofs. In many cases there is no dispute because the disability is apparent – if an employee is missing a leg the disability is obvious, and in many cases the disability is admitted. However, in many cases the disability is neither apparent nor admitted by the employer. How then to prove that the employee had the disability? In many cases, this requires testimony from a doctor.