11.15.2023Ending Forced Arbitration of Sexual Harassment, Not DiscriminationArbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties to a claim to resolve the dispute privately, without involvement of a court of law. The Federal Arbitration Act (FAA) strongly favors arbitration and allows courts to stay the proceedings of any claims subject to valid and enforceable arbitration agreement and to compel the parties to binding arbitration.
04.28.2022Glass Houses: Hostile Work Environment Claim Dismissed Due to Employee’s Own Unprofessional ConductOn April 19, 2022, in Bouziotis v. Iron Bar, LLC, the New Jersey Appellate Division upheld a trial court’s dismissal of a former bartender’s hostile work environment and gender discrimination claims partly on the grounds that employee partook in the “pejorative language and boorish conduct pervading Iron Bar’s atmosphere,” just as much as anyone else, regardless of gender. Because the former employee could not show that the alleged misconduct occurred “but for [her] gender,” the Appellate Division upheld the trial court’s grant of summary judgment in favor of the employer.
03.08.2022NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment InvestigationsOn February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s right of free speech or the New Jersey Law Against Discrimination (NJLAD). In Usachenok v. State of New Jersey Department of the Treasury, et al., the Appellate Division denied an attempt made by a former employee to invalidate a regulation by the State's Civil Service Commission requesting confidentiality in connection with a harassment investigation.
07.06.2021NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment ClaimsAfter losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios claimed his direct supervisor twice referred to Hispanics by a racial epithet thereby creating a hostile work environment. The lower courts held that two incidents are not severe or pervasive enough to constitute a hostile work environment and dismissed his case. A unanimous New Jersey Supreme Court, however, disagreed and reversed the lower court decisions.
01.02.2020Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee and affirmed the trial court’s decision dismissing the employee’s claims under the Conscientious Employee Protection Act (CEPA) finding that he was properly terminated for mistreating his coworkers. Thus, he could not establish a claim for retaliation, as there was no link between his termination and his reporting of an alleged casino scam.
12.11.2019“What Goes Around, Comes Around” – A Potential Defense to Hostile Work Environment Claims Under the NJ LADOn November 7, 2019, the U.S. District Court for the District of New Jersey in Paige v. Atrion Communication Resources, Inc., et al., considered a hostile work environment/sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) by a receptionist who alleged she was constructively discharged as a result of her supervisor’s conduct.
06.13.2019#28 of Genova Burns' Anniversary Countdown of the 30 Most Influential Cases, Events and LawsAs Genova Burns celebrates its 30th anniversary serving the legal needs of clients throughout New Jersey and across the Northeast, we will be counting down the top 30 legal cases, events and laws that have left a significant impact on society, business, politics, and lifestyle here in the Garden State.
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