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Blog Category: Employment & Discrimination

Can Prior Disciplinary Records Be Considered When Disciplining Police Officers?

Jan 14, 2022 | Written by: Sharon M. Flynn, Esq. |

As early as the 1960’s, the New Jersey Supreme Court determined that a public employee's disciplinary history “may be resorted to for guidance in determining the appropriate penalty for the...

Can Employers Levy Health Plan Surcharges on the Unvaccinated?

Oct 29, 2021 | Written by: Sharon M. Flynn, Esq. |

Some corporations have decided to impose a monthly health insurance surcharge on their unvaccinated workers as an incentive for more plan participants to get vaccinated.  For example, you might have...

EEOC Guidance on Sexual Orientation and Gender Identity Discrimination

Aug 13, 2021 | Written by: Sharon M. Flynn, Esq. |

Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers on the basis of sex and other factors.  Federal law does not, however, provide a specific definition of “sex” in...

Can Employers Inquire About COVID-19 Vaccine Status Without Violating HIPAA?

Aug 5, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

COVID-19 vaccines and masks continue to be hot topics for schools, businesses, and governments.  Prior blogs by Sharon Flynn and Leslie Parikh have addressed whether employers can require existing or...

Is It Appropriate to Require That New Hires Be Vaccinated?

Jul 30, 2021 | Written by: Leslie A. Parikh, Esq. |

In light of the uptick in positive COVID-19 cases and the presence of the Delta variant, employers are again faced with decisions concerning the vaccination status of employees and new hires.  

NJ Senate Passes Bill Addressing Sexual Harassment in Political Campaigns

Jul 27, 2021 | Written by: Leslie A. Parikh, Esq. |

After several revisions, the New Jersey Senate passed a bill seeking to address sexual harassment in political campaigns.  The bill, S3389, was passed by the Senate on June 30, 2021, and promises to...

Appellate Division Rejects Aguas Defense in Employment Harassment Case

Jul 20, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

In a recent decision, McBride v. Foulke Management, 2021 WL 1977156 (App. Div. May 18, 2021), the Appellate Division further defined the limits of the affirmative defense available to employers under...

NJ Employment Laws Protect Job Applicants During Hiring Process

Jul 19, 2021 | Written by: Sharon M. Flynn, Esq. |

Job seekers in New Jersey are afforded the protection of federal and state employment laws that address issues such as wages, overtime compensation, and workplaces that are free of discrimination and...

NJ Supreme Court Addresses Employee’s “Failure to Accommodate” Claim under LAD and WCA

Jun 23, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

In Richter v. Oakland Board of Education, the New Jersey Supreme Court recently decided two major issues of first impression. First, an “adverse employment action” is not a required element of a...

Guidelines to Prevent Sexual Orientation and Gender Identity Discrimination in the Workplace

Jun 18, 2021 | Written by: Richard P. Cushing, Esq. |

On June 1, 2021, President Biden proclaimed June as LGBTQ+ Pride Month. To celebrate Pride Month, the U.S. Equal Employment Opportunity Commission (EEOC) has provided new resources to educate...