There are various laws that protect pregnant women from workplace discrimination and that provide for pregnancy related leave from work. In fact, there are both federal and state laws that provide New Jersey employees the right to take pregnancy leave to give and recovery from giving birth. Each of these laws…
The New Jersey Legislature has passed a bill to enhance paid family leave for New Jersey employees. If Governor Phil Murphy executes the bill, New Jersey employees will receive more pay and more time off from work while caring for a newborn or ill family member. This would mark another…
A federal Court of Appeals has affirmed a jury verdict in favor of a former Costco employee in connection with her claim of a hostile work environment based upon sexual harassment by a customer. This case reaffirms that an employer can be held legally responsible for allowing a hostile work environment…
The United States has been slowly progressing towards equity when it comes to employment policies that outlaw gender, disability, and other types of discrimination. Despite this advancement, there are a few areas that have shown reluctance to moving forward. One such industry is that of professional sports. As a result…
The United States Supreme Court has declined review of a 7th Circuit Court of Appeal decision holding that the American’s with Disabilities Act (“ADA”) does not require employers to provide any reasonable accommodation of an extended medical leave for any more than twelve (12) weeks under the Family and Medical…
The United States Court of Appeals for the 3rd Circuit has affirmed a New Jersey District Court’s decision denying post-trial motion for judgment by Walmart after the jury entered a verdict against them in favor of a former employer. The former employee, Barry Boles, claimed that he was unlawfully terminated…
The United States Court of Appeals for the Seventh Circuit reversed a District Court’s grant of summary judgment in an action alleging TIN Inc. (“TIN”) violated the Family Medical Leave Act (“FMLA”) by interfering with an employee’s right to take leave and retaliating against that employee. The Seventh Circuit reversed…
The New Jersey Appellate Division recently reversed in part and affirmed in part a grant of summary judgment dismissing Plaintiff’s failure-to-accommodate under the New Jersey Law Against Discrimination and retaliation claims. The Court agreed with the prior determination that after Plaintiff had exhausted her Family and Medical Leave Act benefits…
The United States Court of Appeals for the Third Circuit recently held that an individual supervisor may be liable for violating the Family and Medical Leave Act if he or she has sufficient control over the conditions and terms of employment of the employee claiming the FMLA violation. In the…
The New Jersey Appellate Division recently affirmed a Board of Review and Appeal Tribunal decision denying a claimant from receiving unemployment benefits. In an unpublished decision, the Appellate Division held that the claimant, Rolando Montero, left his work voluntarily because of illness and did not keep in touch with his…