While employers are allowed to fire most workers in New Jersey or Pennsylvania at any time and for nearly any reason or no reason at all, there are some exceptions to this rule. Employers cannot terminate workers for discriminatory reasons based on their protected statuses. They also cannot fire workers to retaliate against them for
Workplace intimidation can make workplaces very toxic to employees. When employers or coworkers bully others or subject them to coercive actions, the victims may be left feeling that they have no other choice than to resign. Workplace intimidation or bullying is problematic for businesses in New Jersey and Pennsylvania. When bullying at work is pervasive,
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
Sexual harassment is illegal when it occurs in the workplace. You might be unclear about what constitutes sexual harassment vs. when the harassment is non-sexual in nature. Sexual harassment at work is considered to be a type of unlawful discrimination, and it includes unwelcome sexual comments, behavior, or conduct about gender, sex, or sexual orientation.
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
On July 15, 2015, the United States Equal Employment Opportunity Commission (“EEOC”), in its role as an appellate tribunal reviewing the disposition by a federal agency of a claim of discrimination, issued a decision in which it held that “allegations of discrimination on the basis of [a complainant’s] sexual orientation state a claim of discrimination
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.