New Jersey Appellate Division Allows Medical Marijuana Bias Claim To Proceed

The New Jersey Appellate Division recently issued a ruling to the effect that the New Jersey law Against Discrimination (LAD) may require employers to accommodate employees who use medical marijuana under the state’s Compassionate Use Medical Marijuana Act (CUMMA). Given the far reaching effect this ruling could have on employers with drug-testing policies, employers should […]

  • Posted on: Apr 29 2019
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Supreme Court to Decide if Title VII Covers LGBT Discrimination

The United States Supreme Court has agreed to decide whether federal law prohibiting discrimination in the workplace applies to gay and transgender employees. Under Title VII of the Civil Rights Act of 1964, workplace discrimination based on certain protected characteristics, including sex, is prohibited. The overarching issue is whether the term “sex” under Title VII […]

  • Posted on: Apr 26 2019
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New York High Court Upholds “13-Hour Rule” for Home Health Aides

In a highly anticipated ruling, the New York Court of Appeals recently upheld the Department of Labor’s 13-hour rule governing home health aides who work shifts of 24 hours or more. The high court reversed two appellate division rulings overturning the rule, which is seen as a victory for the state’s home health industry. Nonetheless, […]

  • Posted on: Apr 22 2019
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Second Circuit Says ADA Allows for Hostile Workplace Claims

In March, the U.S. Court of Appeals for the Second Circuit ruled that hostile work environment claims are viable under the Americans with Disabilities Act (ADA). The Second Circuit, which had yet to actually rule on the issue, is now in accord with similar rulings by the Fourth, Fifth, Eighth, and Tenth Circuits. While a […]

  • Posted on: Apr 15 2019
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New York City Moves to Protect ‘Black’ Hairstyles in the Workplace

The New York City Commission on Human Rights recently issued guidance warning employers that prohibiting or restricting natural hair styles associated with African-Americans is a form of unlawful racial discrimination under the New York City Human Rights Law.  If you believe you have been treated less favorably than others under an employer’s grooming policy, you […]

  • Posted on: Mar 26 2019
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Greater Legal Protections Coming for New York City Fast Food Industry Workers

The New York City Council is considering legislation that would extend protections for fast food workers against wrongful termination. Since recognizing fast food workers as a special class in 2016, Council members have been advocating for extending benefits and protections to these employees and reforming workplace practices in the industry. If passed, these measures could […]

  • Posted on: Mar 19 2019
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EEOC Says Sexual Harassment Claims Are on the Rise

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment complaints are on the rise. In 2018, sexual harassment claims filed with the EEOC increased by more than 13 percent over the previous year while the number of lawsuits involving sexual misconduct filed by the commission doubled. If you have been subjected to sexual harassment […]

  • Posted on: Mar 12 2019
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Can I be fired because of my religious beliefs?

When people hear of discrimination in the workplace, it’s often in the context of race or gender discrimination. Religious discrimination is, however, common – as a recent case in Ventura County California demonstrates. The former director of Ventura County Animal Services claims she was wrongfully terminated in 2018 because she refused repeated and unwanted requests […]

  • Posted on: Mar 5 2019
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New York Lawmakers Extend Legal Protections to Transgender Community

After a protracted legislative battle spanning 16 years, the New York state legislature finally passed a bill legislation protecting transgender individuals from discrimination, the Gender Expression Non-Discrimination Act (GENDA). The measure, first introduced more than a decade ago, had passed the Democrat-controlled assembly numerous times. Prospects for passing GENDA shifted dramatically with the 2018 midterm […]

  • Posted on: Jan 18 2019
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In Focus: Age Discrimination in the Technology Sector

There are two overarching trends in the contemporary workplace, particularly in the technology sector: an influx of new workers (millennials and generation Y candidates), combined with an aging workforce. As such, reports of age discrimination are on the rise, and age-related lawsuits are becoming more common. Don’t be fooled into thinking age discrimination is limited […]

  • Posted on: Jan 15 2019
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