“‘Alexander v. Seton Hall University‘: Refusal To Depart From Precedent Aligns The New Jersey Law Against Discrimination With The Lilly Ledbetter Fair Pay Act Of 2009″
In a departure from United States Supreme Court precedent, the New Jersey Supreme Court recently ruled that each paycheck resulting from a prior discriminatory pay decision constitutes an actionable act of discrimination under the New Jersey Law Against Discrimination (LAD). The continuing violation doctrine, however, is not applicable to disparate pay discrimination claims under the [...]
High Court Defines the Over-70 Exception to the New Jersey Law Against Discrimination
Did you know that New Jersey law permits employers to “refuse to accept for employment” employees over the age of 70? But, what happens when a college Dean, who has worked for a college for more than 26 years under a series of consecutive contracts, is advised after attaining 70 years of age, that her [...]
U.S. Supreme Court Broadens Statute of Limitations for Disparate Impact Claims
Today the Supreme Court of the United States issued an important decision pertaining to the applicable statute of limitations for a claim of disparate impact discrimination (discriminatory impact without the intent to discriminate) under Title VII of the Civil Rights Act. In Lewis v. City of Chicago, the Court declared that the statute of limitations [...]
New Jersey Court Clarifies Heightened Burden For Employees Claiming Age Discrimination
Until recently, employees claiming discriminatory discharge on the basis of age generally were able to establish a prima facie case of discrimination simply because they were replaced by a “sufficiently younger” person, or because (in the case of a job elimination) their duties were absorbed by younger co-workers. This often made it difficult for employers [...]
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