New Jersey

EEOC now publishes charge data, by state. Have a look…

May 17, 2012 | by Eric B. Meyer

You can access the state-by-state charge data here. And view it all in a single downloadable spreadsheet here.

In the Commonwealth of Pennsylvania, individuals filed 4,302 charges of discrimination in FY2011, which amounts to 4.3% of the total number of US charges filed. As with Americans across the country, retaliation was the most popular box checked (37.2% of all charges) in Pennsylvania. However, disability was number two in PA (31.1%) versus a national average of 25.8%, which pales compared to race and sex, nationally. Rounding out the top five in PA were: (3) sex (30%); (4) race (27.3%); and (5) age (27.3%).

Across the river in New Jersey, which has two-thirds the population of PA, residents filed less than half the number of charges (1,841) with the EEOC in FY2011 as were filed in PA. The reason? I suspect it is because individuals who have claims under the New Jersey Law Against Discrimination, which is very similar to the federal discrimination laws, do not need to file a claim with the New Jersey Division on Civil Rights, the state’s administrative agency, before going to court. The top five boxes checked on NJ EEOC charges were: (1) retaliation (35.1%), (2) race (33.9%); (3) disability (25.8%); (4) sex (24.8%); and (5) age (23.3%).

U.S. Senate now has its own FB password bill; NJ nears similar ban

May 14, 2012 | by Eric B. Meyer

Well, that didn’t take long.

Late last month, I reported on a bill that had been introduced in the U.S. House of Representatives, known as the Social Networking Online Protection Act (SNOPA), that would prohibit employers, schools, and universities from requiring someone to provide a username, password or other access to online content.

Now, it’s the U.S. Senate’s turn to get in on the act with its own password bill. Plus, after the jump, I’ll have an update on similar legislation winding its way to Governor Christie in New Jersey…

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Court holds mistaken discrimination is unmistakably illegal

April 20, 2012 | by Eric B. Meyer

The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are known is the fountainhead of discrimination engulfing medical disabilities which prove on examination to be . . . non-existent.”

Does the same maxim apply to workplace discrimination — a barrage of anti-semitic comments — directed at employee whom the harassers believe is Jewish, but really isn’t?

Is that unlawful?

The answer from a NJ court after the jump…

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Is a workplace “English-only” rule legal?

April 5, 2012 | by Eric B. Meyer

Geno's Steaks - Philadelphia, Pennsylvania 6

Unfair treatment because of one’s language may be related to race or national origin discrimination. Indeed, language may be used as a covert basis for discrimination.

But that’s not always so. A recent case and some helpful nuggets on English-only rules after the jump…

The risk of waiting to enforce arbitration agreements with employees

April 2, 2012 | by Eric B. Meyer

It was just last month that I blogged about arbitration agreement tips for PA employers from the 3rd Circuit. I hate to leave NJ employers out of the loop, so today’s post is for you.

Last week, the NJ Superior Court, Appellate Division, in Cole v. Jersey City Medical Center denied a company’s attempt to enforce an arbitration provision in its employee contract because it waited too long to do so after being sued:

Fact or Fiction: FLSA preempts state wage and hour laws?

March 29, 2012 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post” d/b/a (just for today) “Eric’s 36th-Birthday Post”.

*** Sigh ***

Ahh…let’s get to today’s question:

Distinguishing state & federal disability-accommodation claims

March 20, 2012 | by Eric B. Meyer

Let’s say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD)? What about under the Americans with Disabilities Act (ADA)?

I have two recent cases and two different answers — depending on whether you are in state or federal court, plus some general accomodation tips for employers after the jump…

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The so-called “privacy” of employee emails

February 6, 2012 | by Eric B. Meyer

Humblebrag alert.

Reporters call me all the time. It’s a wonder that I can get any work done.

Why, just last week, I was speaking to a reporter about an action recently initiated by current and former employees of the FDA, alleging that the agency unlawfully monitored their private emails. During our discussion, I mentioned another case — this one called Stengart v. Loving Care Agency — in which the NJ Supreme Court held that an employee who emails her attorney from a company computer may have a reasonable expectation of privacy in those emails provided that the employee uses a password-protected web-based email account.

Ah, serendipity! The following day, I read about another case decided last week in which the NJ Superior Court reaffirmed that many employee emails are not private. More on this case and a best practice for employers after the jump…

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NJ officially adopts the Trade Secrets Act

January 20, 2012 | by Eric B. Meyer

As reported here in September, the State of New Jersey was recommending passage of the New Jersey Trade Secrets Act.

Well, welcome to the party, pal. (Or is it Powell?). Last week, NJ became the 47th state to adopt a version of the uniform trade secrets act as Governor Christie signed the NJTSA into law. The new law provides for both legal relief (damages for actual loss an unjust enrichment, punitive damages, attorney’s fees) in the event of an actual misappropriation of trade secrets, and injunctive relief should there be an actual or threatened misappropriation.

https://www.youtube.com/watch?v=qHm9MG9xw1o

Is it whistleblowing when your job is to report violations of the law?

January 19, 2012 | by Eric B. Meyer

That is the question that a former Starbucks employee is asking the NJ Supreme Court to answer. More on this case and what it could mean for actions asserted under NJ’s Conscientious Employee Protection Act (CEPA) after the jump…

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