Background: Anti-Discrimination Statutes and the Background Circumstances Rule Title VII of the United States Civil Rights Act of 1964 and the New Jersey Law Against Discrimination both prohibit employers from illegally discriminating against their employees. Normally the evaluation is straightforward under the McDonnell Douglas Test. However, in the case of…
The New Jersey Appellate Division examined a town’s termination of payments to its former employee under a separation agreement when the employee became employed by another town. Background Alberto Cabrera was the municipal clerk of the Town of Guttenberg, New Jersey. As so often happens, the parties wished to terminate…
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act The New Jersey Arbitration Act and Federal Arbitration Act generally require enforcement of agreements to arbitrate disputes. This extends to the enforcement of arbitration agreements in employment contracts. However, in response to the #MeToo Movement, Congress passed the Ending…
A New Jersey employment law decision recently examined the effect of a conviction under the newly enacted New Jersey Police Training Act and with the New Jersey Police Training Commission in the case of Garcia vs. New Jersey Police Training Commission. Background Gregory Gacia was a police officer with…
An appeals court recently issued an opinion in the case of Hand v. Borough of New Providence, examining the rights of New Jersey police officers facing discipline in non-civil service jurisdictions Background The opinion explained that Michael Hand was a corporal with the New Providence Police Department, with thirteen…
New Jersey’s whistleblower law was recently amended to further protect New Jersey private and public sector employees from being forced by their employers to sit through required “captive audience” meetings in an attempt to improperly coerce their employees from exercising their rights. The Conscientious Employee Protection Act The Conscientious Employee…
New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes. These local first responders play critical roles in our society. New Jersey employment law therefore closely regulates the hiring process to ensure that New Jersians are served by…
New Jersey’s Requirement for Employers to Provide Reasonable Accommodations for Disabled Employees New Jersey’s Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination because of an employee’s disability. New Jersey civil service law also prohibits discrimination because of an employee’s disability. These laws require…
Progressive Discipline Progressive discipline is a principle followed in New Jersey employment law, in both civil service and non-civil service jurisdictions, including public schools. In progressive discipline, a public employee’s prior disciplinary history will be considered in determining the appropriate penalty for disciplinary violations. Thus, a government employee with a…
New Jersey public employees have multiple venues to litigate employment claims against their government employers. Forums Available to New Jersey Public Employees New Jersey government employees can sue in New Jersey state court, beginning with the Superior Court of New Jersey which sits in each county, for violation of…