Effective June 1, 2011, New Jersey will have a law that bars employers from advertising that the unemployed need not apply. The new statute, N.J.S.A. 34:8B-1, prohibits an employer from publishing in print or on the Internet a job listing providing that the job qualifications include current employment; that jobless applicants will not be […]
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12
Apr
2011
Meow! Cat’s Paws Lead to Employer Liability
What does a cat’s paw have to do with employment law? Over the past 20 years, a variety of lower federal courts had held employers liable for illegal discrimination based on the discriminatory animus of an employee who influenced, but did not make, the ultimate employment decision. This theory, dubbed […]
Read moreOn January 24, 2011, a unanimous United States Supreme Court ruled that a man who was fired after his fiancée had filed a sex discrimination case against their mutual employer could sue the employer for illegal retaliation. Eric Thompson and his fiancée (now wife), Miriam Regalado, both worked for North […]
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25
Jan
2011
Word to the Wise
From the always-informative Michael Maslanka’s Work Matters blog: Here is a question plaintiffs’ lawyers like to ask in harassment cases: “Who at the company is responsible for enforcing the company’s anti-harassment policy?” It is really a question about a company’s culture and commitment to policing unlawful behavior. Typical answer: human […]
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14
Dec
2010
ADA and Ergonomics–Part 3 of 4
In the first two parts of this series, we looked at the ADA’s mandate for reasonable accommodations, and reviewed a reasonable accommodation case study where ergonomics played a leading role. In the next two parts, we will look at some recent court decisions involving ergonomics and reasonable accommodations. According to […]
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