Articles Posted in Discrimination and Unlawful Harassment

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The Americans with Disabilities Act requires employers to make reasonable accommodations for a qualified individual with a disability unless doing so will impose an undue hardship on its business. A plaintiff who claims that their employer failed to accommodate them must initially establish that they could perform the position’s essential functions and that the employer refused to provide an accommodation.

Most courts have found that an employer’s good faith attempt to accommodate is insufficient. However, those courts will not impose liability unless the plaintiff establishes an alternative reasonable accommodation. Continue reading

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A plaintiff claiming age discrimination at work must ultimately prove, by a preponderance of the evidence, that age was the ‘but-for’ cause of whatever adverse employment action the plaintiff claims to have suffered.

However, a recent Fourth Circuit Court of Appeals decision reminds us that merely pleading allegations of age discrimination is easy, like Sunday morning.  Continue reading

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In employment discrimination cases where a defendant-employer articulates a legitimate, nondiscriminatory reason for the employment action, the plaintiff has the burden then shifts to the plaintiff-employee to establish that the employer’s reason was a pretext for discrimination, i.e., the defendant’s reason for, say, terminating the plaintiff’s employment is false. Continue reading

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Yesterday, a federal appellate court issued a precedential opinion clarifying when employers must pay employees and provide certain benefits while they take short-term military leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).

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The U.S. Equal Employment Opportunity Commission recently issued two press releases: one announcing a disability discrimination lawsuit and another about a recent settlement of age and disability discrimination claims. Both involve supervisors who allegedly thought they knew more than medical professionals.

They were wrong. Continue reading

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The New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in the Garden State, I’ll bring you up to speed on that, plus some new pending legislation.

(For the rest of you, have a nice weekend, and maybe add some pork roll or Taylor Ham to your breakfast sandwich.) Continue reading

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