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Blog Category: Employment & Discrimination

Students Suffering from Depression May Be Entitled to Reasonable Accommodation for Their Disability

Apr 19, 2022 | Written by: Noel A. Lesica, Esq. |

As we emerge from a global pandemic that prompted unprecedented levels of social isolation, stories about young people suffering from anxiety and clinical depression abound.  It is not uncommon to...

Can My Employment Discrimination Lawsuit Proceed Under the Continuing Violation Doctrine?

Mar 21, 2022 | Written by: Sharon M. Flynn, Esq. |

The statute of limitations for claims arising under the New Jersey Law Against Discrimination (LAD) is two years. However, a judicially created doctrine, known as the Continuing Violation Doctrine,...

New Federal Law Prohibits Mandatory Arbitration of Sexual Harassment Claims

Mar 15, 2022 | Written by: Noel A. Lesica, Esq. |

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” which prohibits businesses from compelling their employees to...

NJ Employers Must Now Provide Written Notice When Tracking Employees’ Vehicles

Feb 7, 2022 | Written by: Sharon M. Flynn, Esq. |

On January 18, 2022, Governor Phil Murphy signed into law Assembly Bill No. 3950, which prohibits employers from utilizing a location tracking device in an employee's or company's vehicle without...

Can Prior Disciplinary Records Be Considered When Disciplining Police Officers?

Jan 14, 2022 | Written by: Sharon M. Flynn, Esq. |

As early as the 1960’s, the New Jersey Supreme Court determined that a public employee's disciplinary history “may be resorted to for guidance in determining the appropriate penalty for the...

Can Employers Levy Health Plan Surcharges on the Unvaccinated?

Oct 29, 2021 | Written by: Sharon M. Flynn, Esq. |

Some corporations have decided to impose a monthly health insurance surcharge on their unvaccinated workers as an incentive for more plan participants to get vaccinated.  For example, you might have...

EEOC Guidance on Sexual Orientation and Gender Identity Discrimination

Aug 13, 2021 | Written by: Sharon M. Flynn, Esq. |

Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers on the basis of sex and other factors.  Federal law does not, however, provide a specific definition of “sex” in...

Can Employers Inquire About COVID-19 Vaccine Status Without Violating HIPAA?

Aug 5, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

COVID-19 vaccines and masks continue to be hot topics for schools, businesses, and governments.  Prior blogs by Sharon Flynn and Leslie Parikh have addressed whether employers can require existing or...

Is It Appropriate to Require That New Hires Be Vaccinated?

Jul 30, 2021 | Written by: Leslie A. Parikh, Esq. |

In light of the uptick in positive COVID-19 cases and the presence of the Delta variant, employers are again faced with decisions concerning the vaccination status of employees and new hires.  

NJ Senate Passes Bill Addressing Sexual Harassment in Political Campaigns

Jul 27, 2021 | Written by: Leslie A. Parikh, Esq. |

After several revisions, the New Jersey Senate passed a bill seeking to address sexual harassment in political campaigns.  The bill, S3389, was passed by the Senate on June 30, 2021, and promises to...