New Jersey

When an anti-harassment policy won’t defeat a bias claim…

April 14, 2011 | by Eric B. Meyer

What happens when an employee claims to be a victim of discrimination or sexual harassment in the workplace, but fails to report the harassment to her employer? If the employer has a written anti-harassment policy, it should be able to satisfy its burden that the employee unreasonably failed to take advantage of the opportunity to avoid harm.

Maybe not.

Employers will want to continue reading after the jump to make sure that they are taking appropriate steps to avoid bias and sexual harassment claims

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4 Free Social Media Q&A Sessions for Proactive Employers

March 3, 2011 | by Eric B. Meyer

On four Thursdays in March and April (3/17, 3/24, 3/31, 4/7), I am hosting a free breakfast in Philadelphia, PA for all of my readers. With your bagel and schmear, I throw in four all-star panels of lawyers and industry professionals who will offer up their social media best practices to both protect and enhance your business.

Imagine getting deep insight from a Fortune ~~500~~ 100 Labor and Employee Relations Strategist about how unions are using social media to organize your business.

Or how about some money-saving tips from the HR Director of a NASDAQ-traded company about how you can maximize your search for job candidates using social media?

Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

Can an employee be fired for using medicinal marijuana?

February 22, 2011 | by Eric B. Meyer

“I know you don’t smoke weed, I know this; but I’m gonna get you high today, ’cause it’s Friday; you ain’t got no job… and you ain’t got sh*t to do.” – Smokey from Friday (1995).

Back in 1995, when Smokey was trying to convince his buddy Craig to get high, California had yet to decriminalize marijuana for medical use. Now, a number of states have legalized medical marijuana.

But what happens when medical marijuana use results in a positive drug test at work? Is the company allowed to fire that employee?

Find out, after the jump.

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Can employees use your confidential documents to prove discrimination?

December 13, 2010 | by Eric B. Meyer

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.

On NJ juries, Google, and Facebook.

November 28, 2010 | by Eric B. Meyer

New Jersey has lots of these.

What could possibly beat a New Jersey jug handle? Anything really. But will you settle for three short items involving social media and the courtroom? If so, hit the jump. If not, here’s a Wikipedia post about the history of jug handles.

Hi, PA, NJ, and DE employers. Meet GINA.

November 27, 2010 | by Eric B. Meyer

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

November 25, 2010 | by Eric B. Meyer

The New Jersey Supreme Court in

Third Circuit: The Lily Ledbetter Act Does not cover failure-to-promote claims

October 3, 2010 | by Eric B. Meyer

Our old friend Robert Rank-And-File is at it again. He has sued his employer, Pennsylvania-New Jersey-Delaware, Inc., in federal court. Robert claims that Pennsylvania-New Jersey-Delaware, Inc. violated Title VII of the Civil Rights Act of 1964 when it failed to promote him because of his gender, national origin and race. Before he initiated his lawsuit, Robert filed a charge of discrimination with the United States Equal Employment Opportunity Commission. But Robert has a problem. He filed his charge two years after he claims that Pennsylvania-New Jersey-Delaware, Inc. failed to promote him. Under Title VII, his claim is now time-barred. But can he use the Lily Ledbetter Fair Pay Act to salvage his claim?

Find out after the jump…

How do PA, NJ, and DE address discrimination based on sexual orientation?

October 3, 2010 | by Eric B. Meyer

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 preclude discrimination based on sex. Justice Scalia
believes that the drafters of the Constitution did not have sex
discrimination on the brain when they passed the 14th Amendment.