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Discrimination / Harassment

Few women on staff? Watch for hostile-Environment claims

07/01/2007

Employers could violate the New Jersey Law Against Discrimination (NJLAD) even if they don’t intend to discriminate …

Vague disability isn’t an excuse for special treatment

07/01/2007

To make sure employees who really aren’t disabled don’t get special treatment, HR professionals need to understand what constitutes a disability and what’s just a minor ailment …

National security trumps national-Origin claims

07/01/2007

Even in a post-Sept. 11, 2001, environment, employers know they can’t use national origin or religion as an excuse to discharge or refuse to hire employees.

Accommodation doesn’t need to match employee’s request

07/01/2007

Title VII protects employees from discrimination based on their religion and requires employers to make reasonable accommodations for religious practices. But the requirement isn’t absolute …

State’s whistle-Blower retaliation law may reach NJ companies with foreign subsidiaries

07/01/2007

New Jersey companies with operations or facilities in foreign countries can find themselves being sued in-state, even if the alleged whistle-blowers work overseas …

Racial gangster jokes cost Perth Amboy police $1.9 million

07/01/2007

A Middlesex County jury awarded $1.9 million to Perth Amboy police officer Guadelupe Munoz for racial insults and jokes he suffered after becoming the department’s first Mexican-American officer in 2000 …

NJLAD now prohibits gender-Identity and expression discrimination

07/01/2007

Last December, the New Jersey Legislature amended the New Jersey Law Against Discrimination (NJLAD) to protect people from adverse treatment due to “gender identity or expression” …

Mothers and other caregivers get EEOC protection

07/01/2007

The EEOC just issued guidelines stating that one’s status as a family member can’t be considered in employment decisions. The agency says the guidelines address “family-responsibility discrimination.” They draw on earlier theories about so-called “gender-plus” discrimination …

Appraisal must be tied to adverse action to be retaliation

07/01/2007

Supervisors often feel as if they are walking on eggshells after an employee has filed a discrimination complaint. After all, just about anything they do after a complaint has been filed could be seen as retaliation. If supervisors ask what to do, tell them this: Treat the employee as you would any other …

Some computer jobs exempt from EPA/FLSA protection

07/01/2007

Because of a quirk in the way the Equal Pay Act and the Fair Labor Standards Act have been amended over the years, female workers classified as exempt computer professionals under the FLSA can’t sue their employers for EPA violations …