Mark Law Firm Recent Articles

When Does Sex-Based Discrimination Law Not Apply?

Posted by Jamison Mark on Jan 12, 2021 10:13:52 AM

Sex or gender discrimination is the different treatment of individuals in their employment because of their biological sex, gender identity, or gender expression. If you have been rejected for employment, fired, or otherwise experienced different treatment in the workplace because of your sex or gender, you may have suffered from this kind of discrimination. Although sex-based discrimination is illegal under numerous federal and state laws, there are circumstances in which it may be permissible under a legal exception or where discriminatory conduct may not meet the legal requirements to prevail in court.

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Topics: Employment Law, Discrimination & Harassment

Pregnancy Discrimination Act & Reasonable Accomondation in Your Workplace

Posted by Jamison Mark on Dec 28, 2020 4:38:46 PM

Discrimination against pregnant employees is illegal under federal laws, including the Pregnancy Discrimination Act (PDA) and the Americans With Disabilities Act (ADA). In New Jersey, pregnant workers have additional protections before, during, and after pregnancy, including those in the New Jersey Law Against Discrimination (NJLAD).

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Topics: Employment Law, Discrimination & Harassment

Understanding New Jersey's Laws Against Workplace Discrimination

Posted by Jamison Mark on Sep 3, 2020 8:30:00 AM

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.

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Topics: Employment Law, Discrimination & Harassment

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

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.