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Articles Posted in Discrimination

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NEW JERSEY SUPREME COURT RULES THAT CATHOLIC SCHOOL HAD THE LEGAL RIGHT TO DISCHARGE AN UNMARRIED TEACHER BECAUSE SHE BECAME PREGNANT AFTER ENGAGING IN PREMARTIAL SEX.

Can a Catholic Church which owns and operates a religious parochial school discharge one of its unmarried teachers because she became pregnant in violation of the Catholic Church’s teachings and her employment contract which both forbade engaging in premarital sex?  In Crisitello v. St. Theresa School, 2023 N.J. LEXIS 847…

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APPELLATE DIVISION SAYS IT MAY BE DISCRIMINATORY FOR A SCHOOL BOARD TO DISMISS A NON-TENURED NIGERIAN TEACHER FOR DISPLAYING THE FLAG OF NIGERIA OUTSIDE HER CLASSROOM

In Okakpu v. Irvington Bd. of Education, 2022 N.J. Super. Unpub. LEXIS 1297 (decided July 18, 2022), our Appellate Division was asked to decide whether a triable issue was created by the Irvington Board of Education (“IBOE”) stating that one of the reasons it decided not to renew the contract…

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EMPLOYEES ALLEGING TO BE THE VICTIM OF A DISCRIMINATORY HOSTILE WORK ENVIRONMENT WHO ENGAGE IN THE SAME COMPLAINED OF BEHAVIOR ARE LESS LIKELY TO PREVAIL.

Our Appellate Division recently made clear it would not be receptive to sex based hostile work environment claims where it is established that the Plaintiff “gave as good as she got” while working in an environment rife with foulmouthed name calling and invectives. In Bouziotis v. Iron Bar, 2022 N.J.…

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SECONDHAND OFFENSIVE COMMENTS IN THE WORKPLACE MAY CREATE A HOSTILE WORK ENVIRONMENT

If you are a New Jersey employee and you overhear or learn secondhand that someone is using offensive language to disparage you or others based on protected class characteristics such as race, age, sex, disability, sexual orientation, etc., you may qualify as a victim of a discriminatory based hostile work…

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MASHEL LAW CONGRATULATES JUDGE KETANJI BROWN JACKSON ON HER APPOINTMENT TO THE SUPREME COURT OF THE UNITED STATES

We congratulate soon-to-be Associate Justice Ketanji Brown Jackson on the Senate vote yesterday confirming her appointment to the Supreme Court of the United States. Justice Brown Jackson, who will be the first woman African American appointed to the Court, is extremely well qualified for the position. Having graduated magna cum…

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EX MIAMI DOLPHINS HEAD COACH BRIAN FLORES FILES CLASS ACTION ALLEGING THE NFL DISCRIMINATES AGAINST BLACKS WHEN IT COMES TO THE HIRING OF HEAD COACHES

This past January 2022, Brian Flores was terminated by the Miami Dolphins after what objectively should be considered three successful seasons as its Head Coach. Initially, after Flores was first fired, Mike Tomlin of the Pittsburgh Steelers remained as the sole Black head coach in the NFL.  Recently, in just…

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NEW AMENDMENT TO NEW JERSEY’S LAW AGAINST DISCRIMINATION EXTENDS FURTHER PROTECTION AGAINST AGE DISCRIMINATION FOR WORKERS OVER THE AGE OF 70

On October 5, 2021, Governor Phil Murphy signed Assembly Bill No. 681 (the “Amendment”) into law amending New Jerey’s Law Against Discrimination (LAD) to prohibiting New Jersey government employers from implementing workplace policies mandating employees over the age of 70 to retire. Specifically, the Amendment reads: Deleting the provision of…

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A RELIGIOUS EXEMPTION FOR COVID-19 VACCINATION MANDATES IS ILLUSORY BECAUSE NO MAJOR RELIGION PROHIBITS VACCINATIONS

Many people call and ask our office whether they can avoid an employer’s mandate to be COVID-19 vaccinated by claiming a religious exemption.  It is true that New Jersey’s Law Against Discrimination prohibits, “any employer to impose upon a person as a condition of obtaining or retaining employment, including opportunities…

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NEW JERSEY SUPREME COURT SEEKS TO ROOT OUT IMPLICIT BIAS IN JURY SELECTION PROCESS.

While conscious or intentional mistreatment of minorities is typically the province of a relatively small number of bigots who live among us, it is the insidious existence of unrecognized, unconscious, or implicit racial bias in our society which has and continues to systemically threaten and undermine the achievement of racial…

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A SUPERVISOR’S ISOLATED USE OF RACIAL SLURS IS ENOUGH TO SUPPORT A HOSTILE WORK ENVIRONMENT CLAIM UNDER NEW JERSEY’S LAW AGAINST DISCRIMINATION.

A supervisor’s use of isolated but offensive racial slurs directed at and in the presence of an employee can give rise to a claim for a hostile work environment under New Jersey’s Law Against Discrimination (LAD) on their own. Rios v. Meda Pharm., Inc., 2021 N.J. LEXIS 553 (June 16,…

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