Most people know what sexual harassment is when they see it. Whether an employer is responsible for sexual harassment that occurs at the workplace, however, is a more complicated fact specific inquiry. It is first important to understand the definition of unlawful sexual harassment. Sexual harassment is a form of…
Articles Posted in Law Against Discrimination
Death of Taxes: Bill Allowing Plaintiffs in Fee-shifting Discrimination and Qui Tam Cases to Claim Income Tax Exclusion Gets Final Legislative Approval
On Monday, the New Jersey State Assembly approved a bill that would provide a substantial tax benefit to victims of unlawful workplace discrimination, retaliation, or other violations of laws that regulate any aspect of the employment relationship. This bill was first introduced in the New Jersey State Senate in January…
What is Unlawful Workplace Sexual Harassment under the New Jersey Law Against Discrimination
The #MeToo movement has brought long overdue attention to the systemic societal problems concerning workplace sexual harassment throughout the United States and the State of New Jersey. Most sexual harassment claims by a New Jersey employee are brought under the New Jersey Law Against Discrimination, a state statute. While a…
EEOC Releases Preliminary Report Showing Increase in Sexual Harassment Claims in 2018
On October 4, 2018 the Equal Employment Opportunity Commission (“EEOC”) released the preliminary report of the sexual harassment data they collected for fiscal year 2018 (ending September 30, 2018). This report shows that the #MeToo movement has had a widespread impact on reporting of sexual harassment and related workplace abuses.…
Investigation Reveals A Culture of Sexual Harassment Within Dallas Mavericks Organization
An extensive independent investigation into the Dallas Mavericks has substantiated numerous claims of sexual harassment and other serious workplace misconduct within the organization over a span of over 20 years. In response to the findings, Mavericks owner Mark Cuban has apologized to all the women involved and promised that the organization will…
New Jersey Court Strikes Punitive Damage Bar in Employment Arbitration Agreement
The New Jersey Appellate Division has reversed a trial court’s determination that barred an employee from pursuing punitive damages in an arbitration proceeding. While reversing the trial court’s determination concerning the issue of punitive damages, the court affirmed the trial court’s dismissal of the lawsuit by holding that the plaintiff…
Court of Appeals Allows Disabled Employee To Pursue ADA Wrongful Termination Claims
The United States Court of Appeals Third Circuit has reversed a district court’s dismissal of a disability discrimination lawsuit brought by a registered nurse against her former employer. In the lawsuit captioned Aleka Ruggiero v. Mount Nittany Medical Center, the registered nurse claims that she was unlawfully terminated from her…
NJ Court Upholds $525,000 Sexual Harassment Jury Verdict
A New Jersey Appellate Division has affirmed a jury verdict of $525K in favor of a former customer service representative against her former company, RockTenn Co., and supervisor for claims of hostile work environment and unlawful retaliation. This sexual harassment case is another reminder to all New Jersey employers of the…
Soccer Star Leaves Germany’s National Team Because of Persistent Racial Harassment
Over the weekend, German Soccer Star, Mesut Ozil, retired from the German National Team following what he claimed to be rampant racist remarks and mistreatment based on his Turkish heritage, according to the BBC. The German Football Association, “DFB”, denies accusations of maintaining a hostile and discriminatory work environment for…
EEOC Task Force Reconvenes to Discuss How to Transform #MeToo into Harassment-Free Workplaces
More than a year before #MeToo, a Select Task Force was created by President Obama to examine the problem of sexual harassment at the workplace. The Select Task Force consisted of a select group of outside experts who analyzed the causes and effects of workplace harassment and made recommendations what should…