Supreme Court clarifies when employers must accommodate pregnant employees

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 and Discrimination in New Jersey

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

Employment Attorneys meet with EEOC to discuss National Origin Discrimination Concerns

An Equal Employment Opportunity Commission (“EEOC”) conference highlighting employment discrimination due to national origin was held in Washington, D.C. on November 13, 2013.

Discrimination on the basis of national origin is prohibited by Title VII of the Civil Rights Act of 1964. This protection can be broadly applied not only to discrimination resulting merely from a persons place of birth or ancestry. Also applicable would be discrimination on the basis of cultural or linguistic characteristic, such as accents and clothing. The law thus protects, for example, an Indian man’s right to wear a turban, or a Czech’s heavy accent.

New Jersey Legislature Passes Two New Laws Designed at Reducing Employment Discrimination

New Jersey employees had reason to rejoice this summer, as the New Jersey legislature passed two pieces of legislation on August 27th that strengthens employee privacy and prohibit certain types of discrimination based on private matters.

Discrimination Lawsuit Charges Red Lobster Franchisee with Sexual Harassment

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

Equal Employment Opportunity Commission (EEOC) reaches settlement with Toys “R” Us in Employment Discrimination Lawsuit

The Equal Employment Opportunity Commission (EEOC) has reached a settlement with Toys “R” Us in an employment discrimination lawsuit. Toys “R” Us is one of the world’s largest retailers of toys and children’s products in the world, and has multiple retail locations in Pennsylvania, New Jersey, and all around the United States. The disability discrimination lawsuit filed at the Philadelphia EEOC district office against Toys “R” Us, Inc. has resulted in a $35,000 settlement and payment of significant equitable relief for employment discrimination. The settlement is one in a number of rising employment discrimination lawsuits settling in the EEOC district offices of New Jersey and Pennsylvania.

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.

Reports of Religious Discrimination Rising in New Jersey

Religious discrimination in the workplace continues to rise in New Jersey and around the country.  As the Wall Street Journal recently reported,  reports of employment-based religious-discrimination are sky rocketing.  The Equal Employment Opportunity Commission (EEOC) has reported a surge of wide-ranging employee claims of religious discrimination as expressions of faith have grown more diverse. The EEOC defines religious-discrimination as “treating a person (applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religious … but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.”

Disability Discrimination Plaintiff Will Not Have to Arbitrate Claims

A former Chili’s employee suffering from a rare medical disability who asserts that Chili’s discriminated against him and failed to accommodate his disability, in violation of the New Jersey Law Against Discrimination (NJ LAD) will not be required to arbitrate his claims despite having signed an arbitration agreement at the time of his hire.

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”).