In Stapleton v. DSW, Inc., 2013 WL 1137119 (D.N.J., March 20, 2013), a retail store employee observed a child whom she suspected was being neglected by her parent, a shopper in the store. The employee lodged a report with the state Division of Child Protection and Permanency, using confidential customer information to identify the shopper. The employee was discharged for violation of the store’s policy against disclosing confidential information, and filed suit for wrongful termination under the Conscientious Employee Protection Act (CEPA). In ruling on the employer’s motion to dismiss for failure to state a claim, the New Jersey District Court held that the employee’s refusal to abide by the employer’s confidentiality policy under the circumstances constituted a protected activity under CEPA, which protects employees who refuse to comply with a company rule incompatible with a clear mandate of public policy.
As reported in the April 2011 issue of the New Jersey eAuthority, New Jersey passed a statute prohibiting employers from publishing job advertisements that prohibited or discouraged unemployed individuals from submitting applications. On July 5, 2011, the Department of Labor proposed regulations designed to implement the statute.
On December 18, 2019, in American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., et al., the Indiana Supreme Court provided clarity about when liquidated damages become unenforceable penalties.
On June 15, 2020, the Supreme Court of the United States ruled, in a 6-to-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employers from firing workers for being homosexual or transgender.