There are plenty of good reasons that plaintiff’s lawyers heart the New Jersey Law Against Discrimination (NJLAD). It has a wide scope of coverage for employees with disabilities. It’s remedial purposes are incredibly broad. A plaintiff can go directly to court with a claim under the NJLAD without vetting it…
A few weeks ago, I came across an article by Terrence O’Brien on switched.com, “Facebook ‘Subscribe to’ Feature Lets You Follow Your Friend’s Every Move.” Facebook is testing a new feature that lets you subscribe to a specific user’s content. In practice, this means receiving a notification every time that…
So far, I love Justia. Not only have they designed and set me up with The Employer Handbook, but every week I get an email from them suggesting labor and employment law stories that would make great blog posts. Its storybook time, folks. Let’s read the juicy complaint together after…
Your employee wears a head-covering. The employee’s head-covering is part of her religious practice. You’re not one to interfere with an employee’s religious expressions, but you’re concerned that this head-covering creates a safety risk for both the employee and others. And maybe you run a prison and the head-covering could…
Quick! Name three people with dreadlocks. Easy. Gary Oldman as Drexl Spivey in “True Romance” Jon Favreau as Gutter in “PCU” Bob Marley Of the three, how many practice the Rastafarian religion? How the hell does this relate to employment law..let alone a security job? Find out after the jump……
In some cases, a plaintiff will argue as part of his Title VII discrimination action that his former employer didn’t fire him. But rather he was constructively discharged. That’s fancy speak for being forced to resign. But here in Pennsylvania, New Jersey, and Delaware, a plaintiff can’t just prevail in…
Robert Rank-And-File, an employee of Pennsylvania-New Jersey-Delaware, Inc., claims that Sally Supervisor told him, “Sleep with me, or you’re fired!” Robert declines Sally’s advances only to have Sally fire him. If Robert decides to pursue an action under Title VII against Pennsylvania-New Jersey-Delaware, Inc., how can he prevail at trial?…
Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled. I’ll show you after the jump.…
Can an employer terminate a disabled employee because accommodating the employee would create a significant risk of substantial harm to the employee or others in the workplace? Yes. This is called the “direct threat” defense. To meet its burden, however, the employer must prove the following two elements by a…
Ever been to a Gentlemen’s Club? (Pause…) (Wait for it…) Me neither. But I hear that dancers tend to have a few physical characteristics in common. Or how about a Chinese restaurant? Ever notice that the employees are all…Chinese? Is that why my job applications always end up in the…