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.
As you may know the Affordable Care Act imposed a new fee on issuers of individual and group health insurance policies and plan sponsors of self-funded plans. As previously noted in our blog, on December 5, 2012, the Internal Revenue Service (IRS) issued final regulations requiring health insurance issuers and…..
As discussed in an earlier blog post, the Consumer Financial Protection Bureau (CFPB)—which now has the responsibility of enforcing the federal Fair Credit Reporting Act (FCRA), a role previously held by the Federal Trade Commission (FTC)—required the use of new model forms as part of the background check process beginning…..
On January 25, 2013, a three-member panel of the D.C. Circuit Court of Appeals issued a decision finding that the recess appointments to the National Labor Relations Board (NLRB) by President Obama on January 4, 2012 were unconstitutional. Specifically, the court held that the Board lacked a quorum of three members when it issued the