Alexander v. Seton Hall Univ., No. A-87-09 (N.J. Sup. Ct., November 23, 2010) – The New Jersey Supreme Court has refused to apply the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007) to wage claims under the New Jersey Law Against Discrimination (LAD), thereby reversing the Appellate Division’s decision last year. (For more information on that decision, see the December 2009 issue of the New Jersey eAuthority.) Under Ledbetter, each paycheck was determined not to be a discrete act of potential discrimination. Instead, according to Ledbetter, an employee had to identify and timely challenge a specific discriminatory pay decision. Therefore, a person receiving disparate pay during the limitations period had no recourse when the pay resulted from a discriminatory pay decision that occurred outside of the limitations period. In rejecting Ledbetter’s application to the LAD, the court noted that its holding no longer reflects federal policy, since Congress passed the Lilly Ledbetter Fair Pay Act of 2009, and held that under the LAD, each wage payment constitutes a new, actionable wrong. Even so, the court held that the two-year statute of limitations applies to limit the damages recoverable for past discriminatory compensation to the two years immediately prior to the filing of the complaint.
Effective November 18, 2014, the City of Rochester, New York will join various states and municipalities around the country—including Buffalo, New York—that prohibit employers from inquiring about a job applicant’s prior criminal conviction on initial employment applications. Under city ordinance No. 2014-155, it is impermissible for Rochester employers to make inquiries about criminal convictions during the “application process,” which is deemed to have ended once the employer conducts an “initial employment interview” or makes a conditional offer of employer.
As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending harassment claims.
In a move that surprises no one, the Department of Justice (DOJ) has announced today, December 26, 2017, that it has officially withdrawn its two Advanced Notices of Proposed Rulemaking (ANPRM) related to website accessibility: one under Title II of the Americans with Disabilities Act (ADA) applicable to state and local governments and one under Title III applicable to private businesses open to the public.