New Jersey Law Against Discrimination

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On August 23, 2018, New Jersey’s intermediate appellate court in Roman v. Bergen Logistics, LLC et al., ruled that employers could not contractually limit the remedies available for successful employment discrimination claims.  In that case, the plaintiff-employee and defendant-employer had signed an arbitration agreement at the time of the employee’s hiring.  The agreement provided…

Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 to -49. In addition, the Court was called upon to determine who is a “supervisor” for purposes of…

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…

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 …

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 …