State Court Cases

Whistleblowers
Whistleblower Does Not Have to Show an Actual Violation of Law or Public Policy — Only a “Substantial Nexus” with the Complained-of Conduct

Complaints About Clogged Toilets and Unlit Exit Sign Support A Whistleblower Claim

Termination for Refusal to Sign a Non-Compete Agreement Was Not a Violation of Public Policy

Sex Harassment
Sexual Harassment Plaintiffs Who Allow Harassment to Continue for Years Without Bringing Suit May Find Their Claims Barred by Laches

Court Says Sexual Harassment Plaintiff Is Entitled to See Confidential Settlement Agreement with Another Employee Who also Claimed Harassment

Independent Contractors
Companies Cannot Terminate or Refuse to Hire an Independent Contractor for Discriminatory Reasons

Damages for Discrimination
Successful Discrimination Plaintiffs May Recover Additional Damages for the Adverse Tax Consequences of a Lump Sum Jury Award

Illegal Alien Barred from Recovering any Damages in Discriminatory Discharge Case

Handicap
Court Refuses to Find Multiple Chemical Sensitivity Syndrome Is a Protected Handicap in Absence of Reliable Scientific Evidence

Same-Sex Partners
New Jersey Grants Protection to Same-Sex Partners

Vacation Pay
“Use It or Lose It” Vacation Policy Upheld

Federal Court Cases

FMLA and Leave Accommodation
Plaintiff Who Might Have Restructured His Leave if He Had Notice of FMLA Rights Can Proceed with FMLA Claim — But Employer Was Not Required to Consider Additional Leave as an Accommodation Under the LAD

Age
Rejecting Contrary State Court Decisions, Third Circuit Holds that a LAD Age Plaintiff Must Show Replacement by or Retention of a Sufficiently Younger Employee to Infer Discrimination