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workplace discrimination Archives

No protection for LGBT employees, says DOJ brief

While New Jersey law prohibits discrimination against employees on the basis of sexual orientation, this protection may not be available in all states. On July 26, the Department of Justice filed an amicus brief in a discrimination case in New York arguing that the prohibition against sex discrimination in Title VII of the Civil Rights Act does not include a prohibition against discrimination on the basis of sexual orientation.

Constructive discharge and workplace discrimination

When dealing with a case of employment discrimination in New Jersey, one potential factor to keep in mind is constructive discharge. Constructive discharge generally refers to employees who have resigned from their job in circumstances in which they had no other choice but to leave their employment.

Survey highlights discrimination towards female physicians

Health care workers in New Jersey must cope with demanding, high-stakes environments, and female physicians often must operate in workplaces hostile to their needs, especially if they have children. When university researchers reached out to the online Physicians Moms Group, they received responses from nearly 6,000 women in a variety of health care specialties and workplaces.

Religious discrimination in the workplace

Employees in New Jersey should be aware that they are protected against religious discrimination even if they do not belong to one of the major world faiths. In addition to protecting people who follow lesser-known religions, laws against religious discrimination also protect atheists.

Court rules workplace dreadlock bans are legal

New Jersey readers may be interested to learn that the 11th U.S. Circuit Court of Appeals has ruled that it is legal to refuse to hire someone because they have dreadlocks. The lawsuit was filed by the Equal Employment Opportunity Commission on behalf of an Alabama woman.

Many workplace discrimination claims filed by disabled people

New Jersey workers may be interested in learning that a disproportionate percentage of workplace discrimination claims are filed by the disabled population. According to a recent report put out by the Equal Employment Opportunity Commission (EEOC), more than 30 percent of workplace discrimination claims in 2016 involved charges of disability-based discrimination.

Appeals ruling buoys disparate impact claim

A recent ruling by the Third Circuit Court of Appeals may make it less challenging for subgroups of older workers throughout New Jersey and the rest of the nation to file lawsuits under the Age Discrimination in Employment Act, or ADEA, with a disparate impact theory of liability. The ruling differs from the decisions issued by several circuit courts.

Reverse sexual orientation discrimination claims are possible

New Jersey employees may be interested in learning that reverse sexual orientation discrimination claims, though rare, are still being filed. In fact, these claims may become more commonplace if the courts interpret the federal laws that prohibit sexual orientation discrimination more broadly.

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