In Farrell v. Toys R’ Us, 2012 WL 4069515 (App. Div., September 18, 2102), an assistant store manager claimed that he was subjected to an age-based hostile work environment in violation of the NJLAD because his supervisor referred to him on a number of occasions as the “old man,” often in front of other employees. Reversing summary judgment, the Appellate Division held that this evidence alone was sufficient to satisfy the test for a prima facie case of hostile work environment, namely that a reasonable jury could conclude that: (1) the supervisor’s conduct toward the plaintiff would not have occurred but for his age; (2) the conduct was sufficiently severe and pervasive; (3) the supervisor’s conduct could lead a reasonable person to conclude that the conditions of employment had been altered. Further, as other co-workers allegedly joined in on the name-calling, and presumably “could have been encouraged to follow suit” because of the supervisor’s use of the term, the Appellate Division held that the question of individual liability should have made it to a jury.
The government officially reopened on October 17, 2013 after a shutdown that started on October 1. The shutdown had substantial immigration consequences for employers (which were explained in detail here and here). At least some of these issues have been resolved as outlined below. The U.S. Department of Labor’s Office of…..
On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or discrimination based on—certain protected characteristics (e.g., race, national origin, age, etc.), was updated to add two missing protected categories under New Jersey law: civil union status and gender identity or expression.
Multi-Employer Citation Policies One of the most controversial policies of the Occupational Safety and Health Administration (OSHA) is its Multi-Employer Citation Policy (better known as the “MEP”). OSHA uses this policy to cite companies for violations of the Occupational Safety and Health Act (OSH Act) committed by other companies working at…..