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Mark Law Firm Blog

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

NJ Proposes Bill to Ban NDAs in Discrimination & Harassment Claims

Posted by Jamison Mark on Oct 17, 2018 4:24:00 PM

Non-disclosure agreements (NDAs) are common in settlements of workplace sexual harassment suits to limit what the parties can reveal about the facts of the complaint and the terms of a settlement. They often limit what all parties involved can reveal about the accused harasser, the alleged victim, and the workplace culture or environment that may have fostered or condoned behavior that led to a harassment claim. In light of the #MeToo movement, which encourages victims to speak out publicly about their experiences of workplace harassment in an effort to prevent future occurrences, a number of states have passed or are considering legislation limiting NDAs.

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Topics: Employment Law, Discrimination & Harassment

How Can a Clothing Allowance Be Gender Discrimination?

Posted by Jamison Mark on Feb 15, 2018 4:17:00 PM

A group of female sales associates has filed a lawsuit against a New York-based men’s clothing company because of clothing allowances it gave only to its male store employees.[1] A federal court recently determined that the women can proceed with their lawsuit as a class action for discrimination and violations of the Equal Pay Act.

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Topics: Discrimination & Harassment

What Behavior Constitutes Workplace Sexual Harassment?

Posted by Jamison Mark on Jan 24, 2018 3:55:00 PM

With all the media attention on high profile cases of sexual harassment, some people are confused as to what behavior constitutes workplace sexual harassment. Sexual harassment is harassment based on gender or sexual preference, and it occurs when an employee is subjected to unwelcome conduct of a sexual nature. Employers and employees alike should understand what the legal standards are for defining sexual harassment.

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Topics: Discrimination & Harassment

Am I Entitled to Take Religious Holidays Off in New Jersey?

Posted by Jamison Mark on Dec 19, 2017 3:48:00 PM

With the holiday season close at hand, many workers hope to take some time off to spend with family and friends, rest and relax, or engage in religious celebrations. With the wide range of diversity in New Jersey, employees may celebrate many different holidays in many disparate ways. Do you know what your rights are in the workplace regarding time off for religious holiday celebrations?

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Topics: Employment Law, Discrimination & Harassment

Holiday Displays in NJ Workplaces: What’s Legal?

Posted by Jamison Mark on Oct 26, 2017 4:06:00 PM

As the weather grows cooler, the holidays are right around the corner. Many employers and workers are confused about what kind of holiday decorations, displays, and celebrations are legally allowed in the workplace.

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Topics: Employment Law, Discrimination & Harassment

Is Mental Illness a Protected Disability Under the NJLAD?

Posted by Jamison Mark on Aug 2, 2017 12:10:00 PM

Mental illness is a disability affecting nearly 1 in 5 U.S. adults, costing America $193.2 billion in lost earning per year. These shocking statistics are exacerbated by the fact that mental illness is often publicly stigmatized, preventing a genuine discussion about mental illness from ever occurring.

As such, it is little wonder that many New Jersey residents are left wondering whether mental illness is a protected disability under the New Jersey Law Against Discrimination (NJLAD). Here is what New Jersey law has to say regarding mental illness discrimination in the workplace.

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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.