State Court Cases:
Proskauer Victory:
Appellate Division Clarifies Legal
Standard for Determining "Handicapped"
Status |
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1 |
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| NJ Supreme Court Rules "Morbid Obesity"
Can Qualify as a Handicap, but that
Employee Still Must Satisfy Employer's
Performance Standards |
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3 |
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| Employees Who Have Mastectomies Are
"Handicapped" Under LAD, Even If Their
Physical Capabilities Are Not Limited |
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4 |
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| Employee Whose Stress Condition Was
Aggravated By Working With Her Supervisor
May Proceed With a Disability Discrimination
Claim under LAD |
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4 |
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| Accused Sexual Harasser Can Sue for
Wrongful Discharge if His Employer
Failed to Conduct a Fair and Thorough
Investigation Before Terminating Him |
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5 |
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| Bona Fide Executive Exception to Age
Discrimination Law's
Prohibition on Forced Retirement Did
Not Apply to In-House
Labor and Employment Counsel —
Award of
$3.5 Million Upheld |
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6 |
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| Appellate Division Affirms $1.8 Million
Punitive Damages Award In Employment Discrimination
Case |
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7 |
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| Female Police Officer's Allegations
of Sexual Harassment
Over a Fifteen Year Period Found to
Be a Continuing
Violation Under the LAD |
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8 |
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| Blowing the Whistle on Accounting
Errors or Violations
of a Company's Code of Conduct Is
Not Protected
Activity Under CEPA |
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10 |
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| New Jersey Supreme Court Enforces
Arbitration Agreement in
Employment Application |
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10 |
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| Plaintiff's Attorney Can Be Sued for
Defamation For
Statements to the Media That Went
Beyond His Client's Allegations |
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12 |
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| Employers Beware — Workers' Compensation
Act May
Not Bar a Tort Action if an Employer
Failed to Take
Corrective Measures After Prior Incidents |
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13 |
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Federal Court Cases:
U.S. Supreme Court Rules That Making
an Exception
to a Seniority System Is Not a Reasonable
Accommodation,
Absent Special Circumstances |
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14 |
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| ADA and FMLA Claims Dismissed Where
Employer
Was Unaware of Disability and Had
No Duty to
Accommodate Under the FMLA |
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15 |
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| Disabled Employee Who Failed to Apply
for Available
Posted Positions May Still Proceed
With a Claim that He Should Have Been Transferred as an
Accommodation |
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16 |
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| Discovery on Costs of Arbitration
Required Where
Agreement to Arbitrate Provides for
Sharing of Costs
and Plaintiff Asserts Inability to
Pay |
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17 |
