Performance improvement plans are often treated as neutral management tools. This case shows how quickly a PIP can become the centerpiece of a retaliation claim once an employee raises equity concerns. TL;DR: After an employee raised “boys’ club” concerns, her employer placed her on a performance improvement plan about…
Whistleblower cases do not begin with evidence and proof. They begin with allegations. If those allegations are plausible, employers get forced into discovery. Under CEPA, that bar is very low. TL;DR: At the motion-to-dismiss stage, a claim under the New Jersey Conscientious Employee Protection Act (CEPA) does not require proof…
Governor Murphy just expanded the New Jersey Family Leave Act. It reads cleanly in the statute. It reads a little differently once you try to apply it to real people and real leave requests. These amendments are not cosmetic. They expand coverage, accelerate employee eligibility, and formally connect NJFLA to…
At a moment when federal agencies are actively dismantling disparate impact enforcement as a policy matter, New Jersey just went in the opposite direction – loudly, deliberately, and in writing. Last month, the New Jersey Division on Civil Rights finalized new rules that spell out how disparate impact claims…
Retaliation requires awareness. Without it, there’s no causal link—no matter how suspicious the timing may feel. A recent Third Circuit decision underscores a see-no-evil, hear-no-evil reality employers should understand. TL;DR: The Third Circuit affirmed summary judgment on retaliation claims, holding that discipline imposed after internal complaints failed where decision-makers…
Sometimes the timing writes the headline for you. On October 31, a federal court in New Jersey decided a harassment case that involved an unforgettable Halloween costume and a reminder that bad taste is not always a legal violation. TL;DR: An employee alleged sexual harassment after a doctor made…
If you read my earlier post, you already know New Jersey’s new pay transparency law is here. Now the Department of Labor has proposed regulations that explain exactly how to comply. TL;DR: The Transparency in Employment Listings Act is already in effect, and the state’s proposed regulations show employers what…
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a…
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader…
It’s here. As of June 1, 2025, employers with operations or applicants in New Jersey must comply with the New Jersey Pay and Benefit Transparency Act. This new law requires upfront pay transparency in job postings and mandates internal notice of most promotions. It applies more broadly than you might…