Articles Posted in New Jersey

In PA, NJ, and DE, when does religious expression take a backseat to workplace safety?

September 8, 2010 | by Eric B. Meyer

Your employee wears a head-covering. The employee’s head-covering is part of her religious practice.

You’re not one to interfere with an employee’s religious expressions, but you’re concerned that this head-covering creates a safety risk for both the employee and others. And maybe you run a prison and the head-covering could be used to smuggle in contraband.

After jump, I have some practice tips for you.
Continue reading

Third Circuit Employment Law 101: Who Does The FMLA Cover?

September 7, 2010 | by Eric B. Meyer

My blog designers told me that if I want to build SEO — that’s Search Engine Optimization to you rookies — I’d better write about employment law issues affecting Pennsylvania, New Jersey and Delaware (duh!) and “optimize” my blog post titles with the keywords near the front.

Learn more about which employees are covered after the jump.
Continue reading

Third Circuit Employment Law 101: Constructive Discharge

September 7, 2010 | by Eric B. Meyer

In some cases, a plaintiff will argue as part of his Title VII discrimination action that his former employer didn’t fire him. But rather he was constructively discharged. That’s fancy speak for being forced to resign.
Continue reading

Third Circuit Employment Law 101: Quid Pro Quo Harassment

September 7, 2010 | by Eric B. Meyer

Robert Rank-And-File, an employee of Pennsylvania-New Jersey-Delaware, Inc., claims that Sally Supervisor told him, “Sleep with me, or you’re fired!” Robert declines Sally’s advances only to have Sally fire him. If Robert decides to pursue an action under Title VII against Pennsylvania-New Jersey-Delaware, Inc., how can he prevail at trial?
Continue reading

Third Circuit Employment Law 101: ADA Mixed-Motive Disparate Impact Claims

September 7, 2010 | by Eric B. Meyer

Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled.

I’ll show you after the jump.
Continue reading

Third Circuit Employment Law 101: ADA Defenses – Direct Threat

September 7, 2010 | by Eric B. Meyer

Can an employer terminate a disabled employee because accommodating the employee would create a significant risk of substantial harm to the employee or others in the workplace?

Third Circuit Employment Law 101: What is a Bona Fide Occupational Qualification?

September 7, 2010 | by Eric B. Meyer

Ever been to a Gentlemen’s Club?

(Pause…)

(Wait for it…)

Me neither. But I hear that dancers tend to have a few physical characteristics in common. Or how about a Chinese restaurant? Ever notice that the employees are all…Chinese? Is that why my job applications always end up in the circular file?

Ladies and gentlemen. After the jump, may I present to you: the BFOQ.

Third Circuit Employment Law 101: “Regarded as” Disabled under the ADA

September 7, 2010 | by Eric B. Meyer

The are two classes of plaintiffs who may assert claims under the Americans with Disabilities Act:

Those who have a “disability”; and
Those who not have a disability but who, nonetheless, are “regarded as” disabled by their employer.

We know that a disability is an actual impairment that substantially
limits one or more major life activities. But “regarded as” disabled?
What’s up with that?!?
Continue reading

Third Circuit Employment Law 101: Title VII Liability for Non-Supervisors

September 7, 2010 | by Eric B. Meyer

Our old buddy Robert Rank-And-File from Pennsylvania-New Jersey-Delaware, Inc. is having problems at work again. This time, however, the culprit is not Sally Supervisor. It’s Lisa Leadperson.

What is your company’s potential exposure here? Find out after the jump.

Third Circuit Employment Law 101: Failure to Rehire as an Adverse Employment Action

September 7, 2010 | by Eric B. Meyer

Did you know that in Pennsylvania, New Jersey and Delaware, under Title VII, an employer that fails to renew an employment contract or “at will” employment arrangement violates Title VII if the reasons for the employment action violate Title VII (e.g., are on the basis of a protected class)? It’s true.

Wilkerson v. New Media Tech. Charter School, Inc., 522 F.3d 315, 320 (3d Cir. 2008).

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.