New Jersey Sexual Harassment attorneys Tag Archives

Published on: June 23, 2024

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 imagesCAWQ89PS 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 that parties and witnesses keep the investigation confidential had a chilling effect on free speech. It therefore struck down that portion of the regulation.

Background

The Civil Service Commission understandably seeks to maintain the confidentiality of these investigations, as publication might discourage witnesses from assisting, and victims from coming forward. The regulation therefore contained a provision which provided that:

Published on: November 17, 2020

Facts Still Matter When Trying to Enforce Arbitration Agreement Under New Jersey Employment Law

by Maurice W. McLaughlin

The recent trend has been for courts to find arbitration agreements enforceable under both Federal and New Jersey employment law. However, prior to enforcing an arbitration agreement, courts must find that there was actually agreement. This simple concept was emphasized again by the Appellate Division of the Superior Court of New Jersey in the case of Christina Imperato v. Medwell, LLC.

In that case, Christina Imperato was hired by Medwell, a chiropractic office. She had a limited education and no prior medical or office experience. When she was hired, Dr. Ali Mazandarani sat with her and had her sign some pre-employment forms. They were not explained; Mazandarani sat with her, handed her the forms, and pointed to where she should sign. She was not given the opportunity to read these or take them home. The documents included a five page agreement which required that employment disputes be resolved by arbitration rather than court.

Imperato sued Medwell in the Superior Court of New Jersey for sexual harassment in violation of New Jersey’s Law Against Discrimination. Medwell’s attorneys filed a motion asking the court to dismiss the lawsuit and order the case to arbitration. The trial judge allowed discovery, including depositions, on the limited question of whether Imperato signed the arbitration agreement, and if so whether she signed it voluntarily and knowingly. The judge then held a hearing with live testimony on that single issue.

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: August 21, 2018

Third Circuit Issues Major Employment Law Decision Affecting New Jersey Sexual Harassment Claims

by Maurice W. McLaughlin

yes-3029367__340-300x158 The United States Court of Appeals for the Third Circuit recently issued an important decision on the law of sexual harassment in the case of Sheri Miransky versus Susquehanna County and Thomas Yadlosky, Jr. The Third Circuit hears appeals from the Federal District Courts of New Jersey, Pennsylvania, Delaware and the Virgin Islands. Its decisions are binding on questions of federal law in New Jersey. The only higher court in the nation is the United States Supreme Court.

The Facts

The facts are long, but generally speaking Sheri Minarsky suffered from years of significant sexual harassment by her supervisor. She did not complain for several years because she feared retaliation, which the supervisor threatened, and because she saw that upper management knew of his harassment against other employees and did nothing. Finally after four years she did complain, and her supervisor was fired.

Published on: November 17, 2017

McLaughlin & Nardi Pledges to Fight for the Victims of Harassment and Discrimination

by McLaughlin & Nardi, LLC

Where We Stand

Given the reports of sexual harassment and sexual assault which have been flooding the news lately, such as those involving Harvey Weinstein, Megyn Kelly and the situation at Fox News, Kevin Spacey, Bill Cosby, and Ray Moore, we want to make clear where we stand.

We are employment lawyers. We reject all forms of discrimination and harassment, and stand ready to fight for those who have been the victims of such reprehensible conduct.