Mark Law Firm Recent Articles

Could You Be Experiencing Race Discrimination in the Workplace?

Posted by Jamison Mark on Jun 29, 2020 1:00:41 PM

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.

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Topics: Employment Law, Discrimination & Harassment

3 Subtle Ways You May Experience Pregnancy Discrimination in The Workplace

Posted by Jamison Mark on Mar 17, 2020 3:30:00 PM

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.

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Topics: Discrimination & Harassment

What Kind of Accommodations Must My Employer Make for My Disability?

Posted by Jamison Mark on Oct 3, 2019 12:15:00 PM

It’s illegal for an employer to discriminate against any current or potential employee because of a disability. This means that an employer can’t choose not to hire, to fire, or take other adverse employment action against a person because of their disability if they are otherwise able to perform the essential functions of the job “with or without accommodation.” But what does “accommodation” mean? What does an employer have to do for a current or potential employee with a disability?

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Topics: Employment Law, Discrimination & Harassment

Groundbreaking New Law Restricts NJ Employment Agreements

Posted by Jamison Mark on May 28, 2019 3:09:00 PM

When an employee brings credible, substantiated accusations of sexual harassment or discrimination in a workplace, their employer often settles discreetly for “an undisclosed sum of money” and an agreement to keep everything confidential. A law passed earlier this year in New Jersey declares that such confidentiality and non-disclosure agreements are against the greater interest of the public and, as such, unenforceable. Not only does the new law restrict settlement agreements, it significantly restricts the rights of employers to require that employees broadly waive rights related to pursuing discrimination, retaliation, or harassment claims that may arise during their employment. 

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination, Sexual Harassment

Prayer in the Workplace—What’s Legal in New Jersey

Posted by Jamison Mark on Apr 18, 2019 1:33:00 PM

Private employers balance respecting the rights and diversity of their workers with fostering the moral principles that they support as a company. Unlike public employers, private companies are free to enact religious displays, advocate for one religion over another, and openly engage in religious practices in the workplace. However, both Title VII of the Civil Rights Act of 1964  and the New Jersey Law Against Discrimination (NJLAD) protect New Jersey workers from employment discrimination based on their religion or lack thereof. These laws prohibit employers from discriminating against employees based on religion, both in hiring and during their employment, and make it illegal to force those of faith to suppress or violate their religious beliefs as a condition of obtaining or maintaining employment. 

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination, Religion

Legal Remedies for Sexual Harassment: What You May Recover

Posted by Jamison Mark on Apr 2, 2019 1:21:00 PM

If you’ve suffered from gender-based discrimination or sexual harassment in the workplace or endured a hostile work environment, you’re not alone. New Jersey employees are protected from sex-based harassment and discrimination by Title VII, the federal law prohibiting discrimination, as well as the New Jersey Law Against Discrimination (NJLAD). You may wonder, however, what kind of compensation you can actually recover from your employer or the individuals responsible for the harassment. 

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination, Sexual Harassment

How Seemingly Neutral Policies Can Support Institutional Racism

Posted by Jamison Mark on Jan 9, 2019 3:13:00 PM

Discrimination against individuals on the basis of race, ethnicity, national origin, and other protected characteristics is prohibited by statutes like the New Jersey Law Against Discrimination (NJLAD) and the federal Civil Rights Act. The purpose of these statutes is to protect citizens against discrimination in the workplace, in housing, and in obtaining goods and services, and in many other aspects of everyday life.

These statutes bar open and obvious discrimination, such as refusing to employ or rent an apartment to someone based on their race or national origin. Another aspect of discrimination that is prohibited by these laws, however, is known as “disparate impact.” This describes policies that seem neutral but in practice have a discriminatory impact on a protected class of people. 

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Topics: Employment Law, Discrimination & Harassment

I Told HR About My Workplace Harassment. Now What?

Posted by Jamison Mark on Dec 18, 2018 3:09:00 PM

Sexual harassment in the workplace is prohibited by both New Jersey’s Law Against Discrimination (NJLAD) and federal law (Title VII of the Civil Rights Act of 1964). In fact, employers have a legal obligation to their workers to take steps to protect them from all forms of workplace harassment. This includes establishing preventive measures to help minimize sexual harassment and other workplace misconduct, putting a system in place to allow employees to report harassment, and implementing remedial measures when harassment is reported.[1] When an employee reports harassment to HR, the employer has a responsibility to adequately investigate the allegations.[2] 

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Topics: Employment Law, Discrimination & Harassment, Sexual Harassment

Can I Be Discriminated Against If I’m White?

Posted by Jamison Mark on Nov 8, 2018 4:05:00 PM

The New Jersey Law Against Discrimination (NJLAD) protects against discrimination based on certain protected characteristics in housing, employment, places of public accommodation, credit, and business contracts. In general, the NJLAD prohibits taking “adverse employment actions” against employees or candidates for employment because of protected characteristics or discriminating against employees or candidates in any actions related to hiring, firing, compensation, terms and conditions of employment, or retirement based on protected characteristics. A recent case involving the Plainfield Fire Department reaffirms that the NJLAD protects members of a majority group against illegal discrimination in the same manner as it protects minorities. 

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination

How Much Time Do I Have to Bring a Workplace Harassment Claim?

Posted by Jamison Mark on Oct 23, 2018 1:46:00 PM
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Topics: Employment Law, Discrimination & Harassment

The information on this website is made available by the Mark Law Firm for educational purposes only. It is intended to give a general understanding of New Jersey law, not to provide specific legal advice. Use of this website does not establish an attorney-client relationship between you and the Mark Law Firm and should not be used as a substitute for legal advice.