On July 12, 2023, in Wraith v. Wayfair, Inc., the United States District Court for the District of New Jersey granted summary judgment in favor of an employer, dismissing a former employee’s claim of disability discrimination...more
On May 17, 2023, in Schoenberg v. The Devereux Foundation, the New Jersey Appellate Division affirmed summary judgment for an employer, on a complaint filed by a former employee alleging gender and pregnancy discrimination in...more
On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more
3/14/2023
/ Arbitration ,
Arbitration Agreements ,
Electronic Agreements ,
Electronic Disclosure ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforceability ,
Hiring & Firing ,
Motion to Compel ,
NJLAD ,
Race Discrimination ,
Retaliation ,
Slurs ,
Termination
On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more
11/4/2022
/ Appeals ,
Arbitration ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NJLAD ,
Preemption ,
Retaliation ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws
On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more
9/1/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Bias ,
Class Action ,
Collective Bargaining Agreements (CBA) ,
Disability Discrimination ,
Dismissals ,
Employment Litigation ,
Essential Functions ,
Medical Examinations ,
NJLAD ,
Sleep Apnea ,
Trains
On August 6, 2021, the New Jersey District Court in Calio v. Camden County Board of Chosen Freeholders, denied motions by both an employer and an employee to resolve a dispute over abuse of leave under the Federal Family and...more