Last week, Governor Christie of New Jersey signed the “Pregnancy Bill,” which amends New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-12 (“NJLAD”), to provide that it shall be “an unlawful employment practice” or “an unlawful discrimination” to consider pregnancy in making an employment determination. Pregnancy is now one of many protected classes under NJLAD, which also
LAD
New Jersey Recognizes Law Against Discrimination’s Protection For Perceived Characteristics
In Cowher v. Carson & Roberts, __ N.J.Super. __ (App. Div. 2012), the Superior Court of New Jersey, Appellate Division, recently held that a non-Jewish plaintiff stated a valid claim under the New Jersey Law Against Discrimination (“LAD”) for religious discrimination based upon his perceived status of being Jewish. Plaintiff alleged that he was…
Employers May Not Be Liable For The Boorish Behavior Of Their Employees
On October 19, 2011, the Appellate Division affirmed a trial court’s decision that abrasive, abusive, and condescending conduct toward employees does not, on its own, equate to a hostile work environment claim if the workplace conditions were the same for men and women. In other words, while the law protects against harassment motivated by a…
Employee’s Taking of Confidential Information Can Be a Protected Activity Under the New Jersey Law Against Discrimination
In Quinlan v. Curtiss-Wright Corporation, __ N.J. __ (December 2, 2010), the New Jersey Supreme Court considered whether an employee’s taking, copying and dissemination of an employer’s confidential documents can be a protected activity under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”). After balancing LAD’s strong public policy of…
New Jersey Law Against Discrimination “Over 70 Exception” Does Not Cover Non-Renewal of an Employment Contract
According to the New Jersey Supreme Court in Nini v. Mercer County Community College (decided June 1, 2010), New Jersey employers can refuse to hire or promote individuals who are over 70 years of age on the basis of age, but will violate the New Jersey Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 et seq.…