The New Jersey Appellate Division Addresses the Discoverability of a Worker’s Social Media Posts as Part of Her Discrimination Case
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
Social media represents a nearly ubiquitous presence in the lives of many people today. Older generations often counsel younger ones to be wary of “putting too much out there” on social media or text messages. While the wisdom of that advice can be reasonably debated, there undisputedly are times when your social media content can play a role in your discrimination or harassment case, and it’s important to recognize that reality at the outset. As with any aspect of your discrimination case, a skilled New Jersey employment discrimination lawyer can advise of your rights, as well as what your ob ..read more
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How an Employer’s Internal Investigation May Form the Basis of an Employee’s Winning Retaliation Claim
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
Workers who raise complaints of discrimination face many on-the-job risks, including retaliatory termination. Sometimes, the retaliatory motive may be evident in the employer’s stated (bogus) reason for termination. Other times, the stated reason may be legitimate but the investigation that preceded it may have been the product of retaliatory motivations. In either circumstance, your employer’s “retaliatory animus” may be enough to give you a winning retaliation case. If you think you’ve been the victim of that kind of illegal employment practice, don’t wait to contact a knowledgeable New Jers ..read more
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What the Newly Enacted ‘PUMP Act’ Means for New Jersey Working Moms Who Breastfeed
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
On Dec. 29, 2022, President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (or “PUMP Act“) into law. This new law expands workplace protections for women who are breastfeeding or expressing breast milk, providing legal coverage for some 9 million additional working moms. New Jersey law has recognized pregnant and/or breastfeeding women as a protected class under the Law Against Discrimination since 2018. If you believe that your employer has mistreated you in violation of the law because you were breastfeeding or pumping during the workday, you should talk to a ..read more
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Federal Versus New Jersey Age Discrimination and Disability Discrimination Laws: What’s the Difference?
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
In some situations, you may encounter workplace discrimination that targets you for one specific reason. Other times, you may be the victim of discrimination that spans multiple protected characteristics. (Still other times, the nature of the discrimination may involve a tandem of protected characteristics, such as, for example, discrimination specifically targeting Latina women.) Each of those scenarios may implicate state anti-discrimination law, federal law, or both. Whatever the nature of your circumstance, you can help your case’s chances of success by talking to an experienced New Jersey ..read more
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The Appellate Division Court Revives a New Jersey Municipal Judge’s Discrimination Case Predicated on Her Perceived Alcoholism
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
As a worker in New Jersey, you need to understand that the Law Against Discrimination (LAD) protects you from discrimination not just as a result of your membership in a protected class but also as a result of your employer’s perception that you were a member of a protected class, even if that belief was factually incorrect. On this basis, if your bosses punished you because they thought you were, for example, disabled, you can win a LAD case, even if you were not disabled. A knowledgeable New Jersey disability discrimination lawyer can help you determine how to advance your case based on a pe ..read more
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Two White School Employees in Newark Recover $1.3M Jury Award in Race Discrimination Action
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
When one hears the phrase “reverse discrimination,” it can be easy to fall into misconceptions regarding how anti-discrimination laws work. While these laws play an essential role in eliminating discrimination against traditionally marginalized and oppressed groups (such as Black people, women, religious minorities, LGBTQ+ people, people with disabilities, etc.,) the intent and the goal of these laws in New Jersey goes further. The courts in this state have been clear that the New Jersey Law Against Discrimination exists to eradicate the “cancer” of discrimination in all its forms when that di ..read more
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An Employer’s Argument of ‘Payroll Error’ Wasn’t Enough to Stop a New Jersey Woman’s Unequal Pay Claim
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
We all want to be paid what we’re worth as demonstrated by the quality of our work output. Too many women, however, have lived experiences on the job that fell short of that lofty goal. If you are someone who has been harmed by a gender-based pay gap at your place of employment, both federal law and state law may offer potential relief. Talk to an experienced New Jersey equal pay lawyer to find out more regarding what steps you can take. S.S. was a woman who worked as a sales manager for an Atlantic City resort. She also was someone who allegedly encountered gender-based unequal pay. In 2020 ..read more
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When Once is (or Isn’t) Enough: Racist/Sexist/Homophobic/Etc. Slurs and Hostile Work Environment Claims in New Jersey
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
The N-word… the B-word… the F-word… the C-word. They’re all incredibly offensive (as indicated by their censoring here.) Sometimes, one-time uses of certain slurs may be enough to satisfy the “severe or pervasive” standard federal law demands. With cases involving other words, however, you may need something more. To get a clear understanding of the proof you need for your hostile work environment case, talk to an experienced New Jersey sex discrimination lawyer to discuss the parameters of your situation. Before he ascended to the U.S. Supreme Court, then-Judge Brett Kavanaugh wrote of the “N ..read more
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A Federal Class Action in New Jersey Considers Whether Walmart’s Hiring Policies Violated Discrimination Laws
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
Both federal law and New Jersey law generally bar disparate impact discrimination, which occurs when an employer’s action has a disproportionately harmful effect on people of a protected class. These actions may often target employer standards, practices, or rules that seem to be neutral but, in function, end up disparately harming people like women, Black workers, Latinos, older workers, etc. If you’ve encountered an employment practice like that and suffered harm as a result, then you may have a viable discrimination case, and you should contact a knowledgeable New Jersey employment discrimi ..read more
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The Crucial Deadlines in Any New Jersey Employment Discrimination Case
Phillips & Associates Law Blog
by Phillips & Associates
1y ago
We all face deadlines at work, and missed deadlines can be costly in any arena. When it comes to discrimination lawsuits, a missed deadline — sometimes missed by as little as one day — can mean catastrophic results for the worker harmed by illegal discrimination. Timely filings, in addition to all other aspects of procedural rule compliance, represent a vital area where a diligent and experienced New Jersey employment discrimination lawyer can benefit your case. I.K. allegedly was one of those workers where deadlines were an issue. She was an underwriter for a major insurance company who resig ..read more
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