Recently, I offered readers two ways to avoid employee claims of unlawful harassment. But let’s assume someone complains. It will happen, trust me. Are you prepared to conduct a thorough and efficient workplace investigation? If not, check out my article in Bloomberg Law Reports. You can read it here.
Articles Posted in Discrimination and Unlawful Harassment
Can employees use your confidential documents to prove discrimination?
If you are reading this and you are a New Jersey employer, then the answer is yes. But only under certain circumstances. I’ll lay out the test for you after the jump. In Quinlan v. Curtiss-Wright Corp., the New Jersey Supreme Court adopted what it termed a “flexible totality of…
Holiday Party 101: How to Avoid The Lawsuit
Next week is our firm holiday party. And I am a big fan. At the party, I like to drink Four Loko boilermakers all night until I get blackout drunk socialize with colleagues for a few hours before cabbing home for the evening. Generally, I go crazy have a good…
Two ways to avoid employee lawsuits
Recently, I had an article published in Bloomberg Law Reports about how employers can reduce their potential exposure to employee litigation by implementing a strong anti-harassment policy and then coupling that with training for supervisors and employees. If I do say so myself — and I do — this is…
Hi, PA, NJ, and DE employers. Meet GINA.
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Nearly a year later, the EEOC published the final GINA regulations. How does this law affect employers? I’ll break it down for you after the jump.…
New Jersey applies Lilly Ledbetter Act to LAD case
The New Jersey Supreme Court in
EEOC sets new records for complaints received
According to a report from the Bureau of National Affairs, more employees than ever are filing complaints with the United States Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission received a record 99,922 private sector discrimination charges in fiscal year 2010 but managed to keep its charge backlog almost…
Fired employee gets re-hired after raising discrimination claims
Religious discrimination claims are skyrocketing. A supervisor at a local shoe store didn’t get the memo. Guess how that turned for him…
Employee fired for Facebook comments sues her employer
I was reading an article in the Gwinnett Daily Post — yeah, that’s right, the GDP — and it starts out like this… BUFORD — When Buford City Schools bus driver Michele Threlkeld finished her final route on the last day of school, she reported to her supervisor’s office, as…
How do PA, NJ, and DE address discrimination based on sexual orientation?
Recently, I read an article by Bob Egelko in the San Francisco Chronicle about a speech from U.S. Supreme Court Justice Antonin Scalia in which he told law students from U.C. Hastings that the 14th Amendment to the U.S. Constitution, which guarantees equal protection to all U.S. citizens, do not…