Articles Tagged with New Jersey Discrimination Lawyers

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Refugees, Economic Migrants

Governor Murphy signed New Jersey’s Equal Pay Act into law in 2018.  The NJEPA  takes a necessary step in making pay discrepancies in the workplace more transparent with the hopes that this will address the pay differential between white men minorities, and women.  Essentially, it bars any penalty to any employee for requesting or disclosing information regarding any employee’s job title, rate of compensation, benefits, race, gender, ethnicity, or other protected characteristic when the purpose of the inquiry or disclosure to investigate the possibility of discriminatory treatment.  (While the NJEPA was originally intended to address inequitable pay for women, it was expanded to cover all protected classes of people.)

This allows for employees to obtain information which previously (and even now) is largely safeguarded by employers as “private” in order to determine whether they are being discriminated against based upon a protected classification.   Any employer “policy” which forbids discussing compensation in the workplace could be considered void by the law.

The NJEPA amended New Jersey’s Laws Against Discrimination to enable the use of the protections of that statute. The NJEPA also specifically makes it unlawful to pay employees in protected classes a different rate of compensation when performing substantially similar work considering skill, effort, and responsibilities. Differentials may still exist when based on seniority, merit, education, productivity, experience, and other legitimate business reasons. The Act also allows expands upon the LAD’s typical 2-year statute of limitations by setting forth that limitation period restarts each time the employee receives unequal compensation resulting from a discriminatory decision or practice.  The employee may also recover up to 6 years of back pay as a result of a violation by the employer.  Additionally, the employee may receive treble damages – meaning that they may recover three times the monetary damages awarded as a result of the pay discrepancy.

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group-418449__340-300x300Our labor and employment attorneys represent employers and employees in cases of wrongful termination and discrimination.  This is an area of New Jersey employment law which generates considerable litigation.  New Jersey’s Supreme Court recently issued an important opinion on when an employee may be terminated because her disability impairs her ability to perform the essential functions of her job.

Maryanne Grande had been a registered nurse for thirty years, and employed by St. Claire’s Health System for ten years, from 2000 through 2010.  St. Claire’s job description for a registered nurse included lifting fifty pounds from waist to chest “frequently” as an “essential” job function.  Grande suffered a series of injuries at work beginning in 2007.  Her final injury was suffered while she was preventing an overweight patient from falling.  Her doctor cleared her to resume full-duty work.  However, St. Claire’s ordered her to undergo a physical with its own doctor, who said she could perform lifting only “occasionally,” which it defined as “1-33% of the time.”  However, the report also concluded that it was “improbable that this will significantly affect job performance ability.”  The report also concluded that Grande could return to work with “altered duties.”

Her own doctor again examined her and provided her with a form which said she could return to work with only certain limitations on lifting.  The next day Grande was fired.  She returned to her doctor, who cleared her to return to full-time duty with no restrictions.  However the termination was not rescinded.