Tag: NJ Law Against Discrimination

DEFENSE TO SEXUAL HARASSMENT SUITS STRENGTHENED BY NEW JERSEY HIGH COURT RULING

Last week, the New Jersey Supreme Court in Aguas v. State of New Jersey, adopted the test set forth in two federal cases, namely, Burlington Industries v. Ellerth and Faragher v. City of Boca Raton, when reviewing sexual harassment claims under the New Jersey Law Against Discrimination (“LAD”). Prior to this landmark decision, the New Jersey Supreme Court maintained that an employer is vicariously liable if a supervisor creates a hostile work environment through sexual harassment. Now, under the Ellerth/Faragher analysis, the Court held that an employer may escape liability if it exercised reasonable care to prevent and correct promptly any sexually harassing behavior and if an employee unreasonably failed to take advantage of any preemptive or corrective opportunities provided by the employer, or fails to avoid harm otherwise.

The Court also broadened the definition of a “supervisor” under the LAD. The Court defined supervisors as not only individuals who have the authority to make tangible employment decisions, but also those in charge of the employee’s daily work activities.

This decision will likely result in many employers using its anti-harassment policy as a defense to sexual harassment claims under the LAD. As such, it is important that victims of sexual harassment report their claims of sexual harassment in the workplace and consult an attorney.

NEW JERSEY GOVERNOR CHRIS CHRISTIE SIGNS BILL PROHIBITING PREGNANCY-RELATED DISCRIMINATION IN THE WORKPLACE

The New Jersey legislature has noted that pregnant women can be vulnerable to discrimination in the workplace.  There have been reports that women who have requested an accommodation due to their pregnancy-related needs or issues have been unfairly denied reasonable accommodations or have been demoted, terminated or placed on unpaid leave.

Recognizing the pervasiveness of this discriminatory treatment in the workplace, on January 21, 2014, New Jersey Governor Chris Christie signed into law Bill No. S2995 (substituted for A4486), which amends the New Jersey Law Against Discrimination (“NJ LAD”).  Effective immediately, this amendment now prohibits workplace discrimination against women affected by pregnancy, childbirth, or related medical conditions.  The law specifies that women affected by pregnancy should not be treated in a manner less favorable than other persons not affected by pregnancy.

  Moreover, the bill requires that an employer provide a reasonable accommodation for pregnancy-related needs when requested by the employee with the advice of her physician.  The law contemplates accommodations such as bathroom breaks or breaks for increased water intakes, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work.  Note however, that similar to the Americans with Disability Act (“ADA”), an employer will not be penalized for failing to provide an accommodation if the accommodation would cause the employer an undue hardship.