The American workplace has changed dramatically in the last few decades. As societal attitudes shift, technology advances, and work becomes increasingly remote and outsourced, workplace discrimination can be harder to recognize. Although some overt kinds of discrimination may have become less common, subtle forms of discrimination can persist and adapt to these novel workplace environments. New Jersey law protects workers from all kinds of employment discrimination.

In recent years, there has been some confusion as to whether Title VII of the Civil Rights Act protects individuals from employment discrimination based on sexual orientation or gender identity. The United States Supreme Court recently issued a ruling holding that firing, demoting, failing to hire, or taking other adverse employment actions against an individual because of their sexual orientation or transgender status violates Title VII's prohibition on discrimination because of sex.

Congratulations, you got the job! Your happy news, however, was accompanied by an employment agreement. You’re supposed to sign it and return it to HR immediately. Should you be concerned? Here’s what you need to know to put your mind at ease.

In recent years, New Jersey has taken the lead in working to reduce discrimination, especially in the workplace. Recent legislation has gone above and beyond the basic protections of the New Jersey law against discrimination (NJLAD), proving protections that encourage diversity and seek to reduce more subtle expressions of race discrimination in workplaces.

As states start to gradually reopen businesses and encourage service providers to return to work, many employees with underlying health issues are worried. Especially in industries that involve a lot of contact with the public or where employees work in close quarters, it may be impossible to maintain the levels of social distancing that the CDC recommends.

In 2010, New Jersey passed the Compassionate Use Medical Marijuana Act (“CUMMA”) and became the 14th state to allow its residents to use marijuana medicinally.[1] The initial implementation of the Act did not, however, provide protection to medical marijuana users from being terminated based on their marijuana use or medicinal user status.

For pregnant women in the workplace, discrimination can take the form of being fired, demoted, or never hired in the first place. Many times, however, it can also take more subtle forms. Here are a few less obvious ways pregnancy discrimination can affect workers.

Many employees are asked by their employer, either at the time of their hire or sometime during their employment, to sign an arbitration agreement. This can be a stand-alone agreement or a clause in an employment contract or handbook. Such an agreement asks the employee to agree that if they have a grievance with their employer, they will settle the dispute using binding arbitration rather than litigation. On one hand, arbitration is typically cheaper and resolves disputes more quickly than going to court, which can be very expensive and take months or even years to conclude. On the other hand, an employee who agrees to resolve any disputes using binding arbitration often gives up their rights to what may be more lucrative, more equitable, or more just compensation through the legal system. 

Whether you’re shopping for holiday gifts, struggling through end-of-year doctor’s appointments, or picking up dinner, you will likely find yourself slogging across a wintery parking lot in the next few months. Since many parking lots are commercial property (such as those for shopping malls, offices, and other retail establishments), you may be able to receive compensation if you slip, fall, and suffer injuries.

Formerly limited to high-level corporate employees, non-compete agreements are becoming a standard part of the pre-employment or onboarding packet for an increasing number of workers. In some situations, these contracts—also called “restrictive covenants”—can provide benefits for both an individual and their employer. However, companies often issue these restrictive covenants without negotiation to lower-wage and lower-level employees, for whom they provide little benefit and a potentially significant burden. How can you tell whether a non-competition agreement will be valuable or detrimental to your situation?