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NJLAD Employer Liability Issues NJ Supreme Court

Epstein Becker & Green

Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®

Epstein Becker & Green on

This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar...more

Genova Burns LLC

NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment Claims

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After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Ruling Expands Employers’ Potential Liability In Failure-To-Accommodate Disability Claims

The New Jersey Supreme Court has finally settled the issue of whether New Jersey employees must demonstrate the existence of an adverse employment action (i.e., transfer, suspension, failure to promote, termination, etc.) to...more

Genova Burns LLC

NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims

Genova Burns LLC on

On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish...more

Flaster Greenberg PC

Supreme Court of NJ Affirms Employee May State A Claim for Reasonable Accommodation for Medical Cannabis Use

Flaster Greenberg PC on

You may recall, in 2019, this blog post reported New Jersey’s Appellate Division joined courts that found an employee may be able to state a disability discrimination claim against an employer who takes an adverse employment...more

Steptoe & Johnson PLLC

Failed Drug Test Not Enough to Dismiss Claim of Disability Discrimination in New Jersey

Steptoe & Johnson PLLC on

Employers may need to reevaluate their response to an employee’s failed drug test following a recent decision from the Supreme Court of New Jersey. A certified medical marijuana user was terminated after testing positive...more

Saul Ewing LLP

New Jersey Supreme Court Issues Final Say on Workplace Protections for Employee Medical Cannabis Use

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On Tuesday, March 10th, the New Jersey Supreme Court issued its much anticipated decision in Wild v. Carriage Funeral Holdings, Inc., et al.,(A-91-18) (082836), affirming that a medical cannabis patient can assert a claim for...more

Genova Burns LLC

New Jersey Supreme Court to Decide Whether Absence of Adverse Employment Decision is Fatal to Failure to Accommodate Claim

Genova Burns LLC on

The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, 459 N.J. Super. 400 (App. Div. 2019). As we described in the August 2009 New...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

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In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Genova Burns LLC

“High” Court Time: N.J. Supreme Court Agrees to Review Ruling on Off-Duty Medical Marijuana Use as Reasonable Accommodation

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On July 9, 2019, the New Jersey Supreme Court agreed to hear a case involving whether an employee can state claim against an employer under the New Jersey Law Against Discrimination (NJLAD) for failing to accommodate...more

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