Union, New Jersey, Legal Blog

Workers in New Jersey continue to face problems with sexual harassment and workplace discrimination, a reality that has drawn increased public attention as a result of the #MeToo movement. One report analyzed 20 years of data gathered by the U.S. Equal Employment Opportunity Commission (EEOC) on instances of sex discrimination on the job. Overall, the number of complaints has remained fairly steady, with a general rise in discrimination and harassment complaints over the 20 years between 1997 and 2017.

Of course, EEOC complaints do not tell the whole story. Many workers hesitate to file an EEOC complaint or otherwise use formal mechanisms, especially if they are concerned about retaliation. Retaliation for sexual harassment or discrimination claims is illegal, but lower-wage workers may feel especially at risk and ill-equipped to use the protections in the law. Of the complaints filed in 2017, 67 percent were found to show no reasonable cause that discrimination occurred. However, many women may not have all of the information that they need to pursue a complaint successfully, even when the discrimination was very much real.

New Jersey residents may know that terminating a worker solely due to age can be a violation of existing employment law. However, a 57-year-old woman who worked for IBM claimed that she was terminated to create openings for younger workers. According to her lawsuit, the woman claims that the company has routinely gotten rid of older workers while keeping younger ones employed. The plaintiff was terminated by the company in 2016.

The woman started with the company in 1984 and was employed as a sales representative when she was released by IBM. She claims that the company's CEO conducts a reorganization twice a year and that the goal is to create a workforce that is 75 percent millennial. According to data from ProPublica, IBM has shed 20,000 workers age 40 or older in the last five years.

New Jersey football fans may be interested to learn that the city of Oakland has filed a lawsuit against the NFL and Raiders over the team's impending move to Las Vegas. According to the lawsuit, the NFL violated federal antitrust laws by moving the team to Nevada and boycotting the city of Oakland. City representatives stated in a press release that they are attempting to recover damages from lost revenue, taxpayer investments in the Raiders and other expenses.

While the lawsuit does seek damages from the NFL, it's not demanding that the Raiders move back to Oakland. City officials have stated that the actions by the league were not only illegal but also showed bad faith considering the loyalty of local fans for many years. They also claim that the NFL is using its cartel status to punish cities like Oakland that are not willing to put up taxpayer money for new stadiums.

The newly-appointed director of the national forest service has promised to focus on reducing workplace sexual harassment and other issues at the agency. The director said that she would make changes to existing programs and put new systems in place to promote the safety and comfort of employees. New Jersey workers might gain from an understanding of the claims and facts alleged in the case.

The Associated Press has reported that the U.S. Forest Service has had problems with workplace sexual harassment in the past. Female employees brought a class action lawsuit against the agency in the 1970s, alleging discrimination regarding promotions and employment opportunities. An oversight panel called a hearing in December 2016 to address claims by employees of bullying, harassment and systemic discrimination. Following a report by the USDA Office of the Inspector General, the Forest Service said in March 2018 that it would take steps to better address employee complaints.