The New Jersey Supreme Court has ruled that an employee can show they suffered from a disability (as defined by the law) through the testimony of their treating physician. This is a significant win for victims of disability discrimination, who often do not have the finances to pay for expensive…
Articles Posted in Law Against Discrimination
Appellate Division Remands Sexual Orientation Discrimination Case Back for Trial
The New Jersey Appellate Division recently reversed a trial court’s decision dismissing an employee’s claims for sexual orientation discrimination under the New Jersey Law Against Discrimination. In remanding the case for trial, the Appellate Division found that the school employer’s motivation for forcing the employee teacher to resign is a…
Did ex-Rutgers Basketball Coach Mike Rice Create an Illegal Hostile Work Environment in Violation of the New Jersey Law Against Discrimination?
Rutgers University terminated its basketball coach in the wake of ESPN’s broadcast of a videotape showing him physically and verbally abusing players during practice. Public opinion seems nearly unanimous that Mike Rice’s conduct warranted his termination, but the question remains did he create an unlawful hostile work environment under New…
COURT FINDS EMPLOYER’S ALCOHOL POLICY IMPOSED ONLY ON RECOVERING ALCOHOLICS IN VIOLATION OF THE NEW JERSEY LAW AGAINST DISCRIMINATION
The New Jersey Appellate Division decided that a company’s mandatory program and policy implemented only against employees suffering from alcoholism is a violation of the New Jersey Law Against Discrimination. In A.D.P. v. ExxonMobil Research Company, ExxonMobil Research and Engineering Company (Exxon) forced employees identified as recovering alcoholics to sign…
Is Houston Rockets’ Royce White’s Request For His Own Doctor to Have Final Say As to Whether He Can Play a Reasonable Accommodation under the Americans with Disabilities Act?
HBO Real Sports aired a story last night about Houston Rockets rookie Royce White and his ongoing battle for the Houston Rockets to provide him his requested reasonable accommodations under the Americans with Disabilities Act. White suffers from mental health disabilities, including Generalized Anxiety Disorder and has not been able…
NEW JERSEY COURT DENIES EMPLOYER’S MOTION FOR SUMMARY JUDGMENT IN AGE DISCRMINATION CASE
The United States District Court for the District of New Jersey denied defendants motion for summary judgment in favor of the employee. The court held that that the Plaintiff employee established a prima facie case of age discrimination under the New Jersey Law Against Discrimination (NJLAD) finding ambiguity in the…
Appellate Division Affirms Award for Retaliatory Discharge in Violation of the New Jersey Law Against Discrimination Despite Finding there was No Discrimination on the Basis of Race
The New Jersey Appellate Division recently affirmed a trial court’s judgment awarding plaintiff, Mr. Anthony Onuoha, a total of $1,092,424.25 in damages, attorneys’ fees and costs on his claim for discrimination on the basis of race and retaliatory discharge in violation of the New Jersey Law Against Discrimination (“NJLAD”). In…
Court Finds No Need to Request Accommodation For Overall Access to Public Facilities Before Filing Suit under the New Jersey Law Against Discrimination
The New Jersey Appellate Division recently reversed a decision of the Law Division finding that a plaintiff bringing a New Jersey Law Against Discrimination public accommodation disability discrimination claim asserting a generalized lack of access need not make a prior request for assistance or a reasonable accommodation. The court previously…
Employee Terminated for Testifying in Co-workers Discrimination Lawsuit May Proceed with Anti-Retaliation Lawsuit
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…
Non-Jewish Employee Subjected to Anti-Semitic Harassment May Proceed with Religious Discrimination Claim
The New Jersey Appellate Division recently reversed a trial court’s granting of summary judgment dismissing an employee’s claim under the New Jersey Law Against Discrimination when Defendants wrongly perceived the employee to be Jewish and directed daily Anti-Semitic comments at him. The court disagreed with the trial court’s determination that…