A Capehart Scatchard Blog

Discrimination

Does Transferring a “Disabled” Employee to Another Job Violate the N.J. Law Against Discrimination?

By on December 12, 2017 in Discrimination with 0 Comments

Answer: “Not necessarily,” said two Appellate Judges in Brancaccio v. City of Hackensack issued on December 5, 2017. So What was the Claim? Bryan Brancaccio, a full-time firefighter in Hackensack, was originally assigned to work “platoon work” where he responded to scenes of fires wearing fire equipment and performed the tasks necessary to extinguish fires. […]

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Are Transgender Individuals Protected from Discrimination under Title VII?

By on November 27, 2017 in Discrimination with 0 Comments

Title VII is a federal law that prohibits discrimination in the workplace on the basis of certain protected characteristics, including gender. Recently, there has been intense discussion as to whether or not transgender individuals are covered by the gender discrimination prohibition of Title VII.  Although the United States Justice Department has expressed certain views on […]

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Defending Discrimination Claims in Regards to the Hiring Process

By on August 16, 2017 in Discrimination with 0 Comments

Hiring new employees tends to be tricky for employers because there are so many employment laws that must be abided by in regards to the hiring process.   Often applicants who have interviewed for the open position, but are not hired, feel disappointed and rejected. It is always possible that the applicant may claim that he/she […]

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Legal Alert: Jury Reminds Employers that Age Discrimination is No Joking Matter

By on January 31, 2017 in Discrimination with 0 Comments

On January 26, 2017, after analyzing four days of trial testimony, a jury in the Federal District Court of New Jersey issued a verdict that Lockheed Martin (“Lockheed”) must pay $51.5 million to a Plaintiff in an age discrimination lawsuit. The lawsuit, alleging violations of the Age Discrimination in Employment Act (“ADEA”) and the New […]

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Termination for Failure to Receive a Flu Shot – Is this Religious Discrimination?

By on November 28, 2016 in Discrimination with 0 Comments

Now that Thanksgiving is over, flu season is in full swing.  Although it would not occur to most employers that requiring employees to receive a flu shot would cause legal problems, recent cases from Pennsylvania show that such a requirement may be problematic. In September 2016, the U.S. Equal Employment opportunity Commission (“EEOC”) filed suit […]

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Can an Employee Agree to a Shorter Statute of Limitations for Claims under the New Jersey Law Against Discrimination?

By on June 26, 2016 in Discrimination with 0 Comments

What if an employer chooses to require its employees to sign an agreement, which states that if the employee wants to sue the employer he/she must agree to abide by a shorter statute of limitations period than is established by law? Would that agreement be enforceable? This was precisely the question that the New Jersey […]

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Am I Responsible If My Temporary Employee Alleges Discrimination?

Most employers are aware that they can be held liable for violating Title VII if an employee claims that he/she was discriminated against in the workplace. What happens if a temporary employee (someone assigned to a company by a staffing agency) alleges that he/she was discriminated against while assigned to the employer’s place of business?  […]

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