Articles Posted in New Jersey

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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…

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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.

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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 with a state administrative agency first. A plaintiff can stay out of federal court where the odds of losing on an employment discrimination case on summary judgment are much higher than they are in state court.

As if the plaintiff’s bar didn’t need any further reasons to love the NJLAD.

Well, here’s one more…

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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 be used to smuggle in contraband.

After jump, I have some practice tips for you.
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My blog designers told me that if I want to build SEO — that’s Search Engine Optimization to you rookies — I’d better write about employment law issues affecting Pennsylvania, New Jersey and Delaware (duh!) and “optimize” my blog post titles with the keywords near the front.

Learn more about which employees are covered after the jump.
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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.
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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?
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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.
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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 circular file?

Ladies and gentlemen. After the jump, may I present to you: the BFOQ.

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