Tag Archives: New Jersey Law Against Discrimination (NJLAD)

NJ workers’ compensation exclusivity not so exclusive anymore: NJ Supreme Court issues major ruling on the New Jersey workers’ compensation bar and NJLAD failure to accommodate claims

On June 8, 2021, the New Jersey Supreme Court made two significant rulings in Richter v. Oakland Board of Education. First, the Court held that an employee need not establish an adverse employment action as an element for a failure-to-accommodate claim under the New Jersey Law Against Discrimination (NJLAD). This holding built on prior case … Continue Reading

New Jersey implements additional safeguards for workers in response to rising COVID-19 cases

On October 28, 2020, Governor Phil Murphy signed Executive Order 192, which will require a series of workplace protections for workers beginning on November 5, 2020.  Importantly, nothing in Executive Order 192 repeals, supersedes, or modifies the requirement of Executive Order 107 that requires businesses to “accommodate their workforce, wherever practical, for telework or work-from … Continue Reading

New Jersey’s wild ride – The status of cannabis user employment protections and how we got here

The New Jersey Supreme Court recently affirmed the reinstatement of an employee’s complaint alleging disability discrimination based on his registered medical marijuana user status, reasoning that the employee was entitled to disability protections despite violating the employer’s drug policies.  This case, as well as recent amendments to the state’s medical marijuana law, indicate that employers … Continue Reading

New Jersey prohibits employers from asking about salary history

A part of the hiring process for many employers involves asking applicants about their prior salary and compensation information. Employers might use this information in deciding whether to make an offer to a particular candidate and the amount of compensation to offer the potential employee. However, beginning January 1, 2020, employers in New Jersey will … Continue Reading
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