Your gender identity is the gender with which you identify. It may be different from your anatomical or assigned gender from your birth. There is not a federal law that prohibits discrimination based on gender identity. However, the Equal Employment Opportunity Commission has interpreted the federal prohibition of sex discrimination to include discrimination based on
Richard Swartz has been named one of the best employment benefits attorney Richard Swartz, one of the partners at Swartz Swidler, LLC, has been named one of the South Jersey best employment benefits attorneys! For more information, please visit: https://sjmagazine.net/e-issue/2016/08/#page/64 Richard Swartz is an experienced attorney in the field of litigation. Since his first case
Pregnant Employees must be granted reasonable accommodations when the employer has provided similar accommodations to other individuals with similar limitations. The United States Supreme Court ruling is a victory for Peggy Young, a former driver for UPS who claimed the package company violated her rights under the Pregnancy Discrimination Act (PDA). She will now have
Sexual harassment is a specific type of workplace discrimination based on sex . It includes: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in which submission to or rejection of such conduct explicitly or implicitly affects and individual’s work or creates an intimidating, hostile, or offensive
The country may be in store for a new federal civil rights act, this one protecting the rights of lesbian, gay, bisexual, and transgender employees from employment discrimination. Monday, U.S. Senate member voted to begin debate on the Employment nondiscrimination Act, also known as ENDA. A vote on whether or not to pass the law could happen as soon as later this week. If passed, the law would outlaw sexual orientation and gender identity discrimination nationwide, including in New Jersey and Pennsylvania.
A Red Lobster Franchisee, GMRI, Inc., has been charged in a lawsuit alleging pervasive sexual harassment and discrimination at its Salisbury, MD location, in violation of federal law. The Philadelphia Equal Employment Opportunity Commission (“EEOC”) district office in Pennsylvania is bringing the claim. The EEOC is a federal agency charged with handling employment discrimination
Legislature Considering Bill to Amend the New Jersey Law Against Discrimination to Expand the Rights of Pregnant Employees
On September 30, 2013, New Jersey (NJ) Senate proposed legislation requiring employers to make reasonable accommodation available for pregnancy-related needs when requested by the employees with the advice of their physician. Currently, under the New Jersey Law Against Discrimination (NJ LAD), there is no requirement that preferential leave be given to a pregnant employee, unless complications related to the pregnancy rise to the level of a disability under New Jersey discrimination law.
New Jersey Supreme Court rules against Discrimination as New Jersey becomes 14th State to Legalize Same Sex Marriage
TRENTON, NEW JERSEY (NJ): On October 18, 2013, the Supreme Court of New Jersey (NJ) unanimously ruled to enforce the Mercer County Superior Court Judge’s decision declaring the state’s marriage law banning same-sex marriage to constitute unlawful discrimination and accordingly, unconstitutional. Judge Mary Jacobson of Mercer County Superior Court ruled on September 27, 2013 in favor of same-sex couples who challenged the law regarding civil unions, arguing the law restricted federal benefits given to heterosexual married couples. For example, under federal and New Jersey (NJ) employment laws, legally married couples may take leave to provide care to a spouse with a serious medical condition (under the Family Medical Leave Act, “FMLA”, and the New Jersey Family Leave Act, “NJ FLA”). However, couples not legally married are not entitled to such protections.
Swartz Swidler files Sexual Harasment and Wrongful Termination Employment Lawsuit in Philadelphia, Pennsylvania
On May 6, 2013, New Jersey (NJ) and Pennsylvania (PA) employment attorneys Swartz Swidler, LLC, on behalf of a former female employee of Tosoh Bioscience, LLC filed a federal lawsuit in Philadelphia asserting that the employee was subjected to severe sexual harasment and fired for complaining of same, in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. (“PHRA”).