Resnick Law Group » Employment Discrimination
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This section of our blog features articles that have to do exclusively with Employment Discrimination. Resnick Law Group, P.C. is a New Jersey employment law firm. Our mission is to serve as a strong voice for employees who have been wronged.
Resnick Law Group » Employment Discrimination
1M ago
Service in the U.S. military and other uniformed services can mean a great deal of uncertainty. People who serve in the National Guard or Armed Forces Reserves have training obligations and may find themselves called to active duty. This can cause difficulties with employment in both the private sector and non-military government jobs. New Jersey employment law prohibits employers from discriminating based on military service obligations, but its protections only cover mandatory service in the Armed Forces. Federal law goes further by addressing servicemembers’ ability to return to their jobs ..read more
Resnick Law Group » Employment Discrimination
1M ago
When applying New Jersey employment laws dealing with discrimination, courts have long held that plaintiffs must prove that they suffered actual harm. This might involve the loss of a job, lower wages, or the loss of other benefits or features of employment. Many courts around the country have applied similar interpretations to laws like Title VII of the Civil Rights Act of 1964. A case pending before the U.S. Supreme Court could change how courts in New Jersey and nationwide interpret these laws. A police sergeant alleges that her employer discriminated against her based on sex by transferrin ..read more
Resnick Law Group » Employment Discrimination
3M ago
Employment discrimination can take many forms, some of which are practically invisible to anyone who does not have access to an employer’s books. Pay disparities based on factors like sex or race are still common in many workplaces. Laws like the federal Equal Pay Act (EPA) attempt to address gender-based wage gaps, and antidiscrimination laws can help take on pay disparities based on other factors. Some employers maintain policies that make addressing wage gaps difficult, such as by leaving pay information out of job listings. Advocates for fair pay need this information to identify where wag ..read more
White House Declares Policy Regarding Use of AI in Employment Decisions in New Jersey and Nationwide
Resnick Law Group » Employment Discrimination
4M ago
Employers are increasingly relying on tools that use artificial intelligence (AI) for various employment-related purposes. AI tools can be useful for tasks that require sifting through large amounts of information, such as the hiring process. New Jersey employment laws set limits on employers when they are making hiring decisions. Employers may not, for example, screen job candidates based on protected categories like disability, genetic history, or pregnancy. Employers are liable for these types of hiring decisions even when they outsource them to someone else. This includes AI tools, but the ..read more
Resnick Law Group » Employment Discrimination
4M ago
New Jersey employment law protects workers from discrimination on the basis of numerous factors, such as race, religion, sex, disability, and national origin, to name only a few. In some cases, an employer’s unlawful actions clearly violate someone’s legal rights based on one of the protected categories identified in state and federal law. The categories can blur together in other cases, though. This can create confusion. It can also lead people to overlook claims that they might have under state and federal antidiscrimination laws. Some types of bias and discrimination can span multiple categ ..read more
Resnick Law Group » Employment Discrimination
4M ago
The term “quiet quitting” gained traction on social media in 2022, and debates over whether or not it is a real phenomenon have continued throughout 2023. It generally involves employees who are unwilling to do more than what their job description specifically requires. A related concept, “quiet firing,” has also emerged. It involves an employer that, rather than directly firing an employee, takes adverse actions that drive the employee to the point of resigning. While “quiet firing” might be a new term, it is not a new concept in New Jersey employment law. Constructive discharge, in which an ..read more
Resnick Law Group » Employment Discrimination
5M ago
Workers who suffer injuries or illnesses may have protection against losing their jobs if they are temporarily unable to work. New Jersey employment laws prohibit discrimination on the basis of disability. The definition of this term under state law includes many temporary conditions that can arise from injury or illness. During the COVID-19 pandemic, thousands of people nationwide were unable to work at any given moment because of COVID infections. Emergency state and federal laws provided some forms of paid sick leave for people dealing with COVID. It largely fell to antidiscrimination laws ..read more
Resnick Law Group » Employment Discrimination
6M ago
The Americans with Disabilities Act (ADA) of 1990 protects employees and job seekers throughout the country from discrimination, harassment, and other acts because of a disability. It also requires employers to make reasonable accommodations that can allow employees with disabilities to perform their job duties. New Jersey employment law also protects against disability discrimination and mandates reasonable accommodations. In July 2023, the Equal Employment Opportunity Commission (EEOC) issued an updated guidance document regarding visual disabilities under the ADA. In addition to reasonable ..read more
Resnick Law Group » Employment Discrimination
7M ago
Despite a few recent setbacks in the U.S. Supreme Court, New Jersey continues to offer some of the most extensive protections against discrimination in the country. New Jersey’s employment laws, in particular, cover a wide range of protected categories. Employers may not discriminate against employees or job applicants on the basis of those factors. The U.S. Supreme Court recently issued a ruling in 303 Creative LLC v. Elenis that effectively allowed a private business to discriminate based on sexual orientation despite a state law prohibiting that practice. In response, the New Jersey Attorne ..read more
Resnick Law Group » Employment Discrimination
7M ago
In late 2022, Congress passed the Pregnant Workers Fairness Act (PWFA) as part of the budget bill. The PWFA expands federal protections for employees who are pregnant or have recently given birth. While Title VII of the Civil Rights Act of 1964 bars employers from discriminating against employees and job seekers based on pregnancy or childbirth, it does not require them to make reasonable accommodations for pregnant workers and new parents. Many New Jersey employment laws, including the New Jersey Law Against Discrimination (NJLAD), require reasonable accommodations for pregnancy and childbirt ..read more