Tag: NJLAD

NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD

NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD

In Savage v. Township of Neptune, (A-2-23/087229) (Decided May 7, 2024), the Supreme Court of New Jersey held that N.J.S.A. 10:5-12.8(a), a section of the New Jersey Law Against Discrimination (NJLAD) that was enacted in the wake of the “#MeToo movement,” prohibits any “provision in any employment contract or settlement

NJ Supreme Court to Decide Legality of Non-Disparagement Clauses

NJ Supreme Court to Decide Legality of Non-Disparagement Clauses

The Supreme Court of New Jersey has agreed to decide whether non-disparagement clauses are enforceable in light of 2019 amendments to the New Jersey Law Against Discrimination (NJLAD) prohibiting the use of non-disclosure agreements in employment contracts and settlement agreements. The amendments, set forth in N.J.S.A. 10:5-12.8(a), banned provisions “in

NJ Supreme Court Reinstates NJLAD Claims Over Student Sexual Assault

NJ Supreme Court Reinstates NJLAD Claims Over Student Sexual Assault

In C.V. v. Waterford Township Board of Education, (A-24-22/087260) (Decided September 13, 2023), the Supreme Court of New Jersey reinstated a sex discrimination claim brought under the New Jersey Law Against Discrimination (NJLAD) by the parents of a sexual assault victim. In reaching its decision, the court confirmed that sexual

Worker May Rely on Doctor’s Testimony to Bring NJLAD Claim Against Municipality

Worker May Rely on Doctor’s Testimony to Bring NJLAD Claim Against Municipality

In Patricia Delvecchio v. Township of Bridgewater, the Supreme Court of New Jersey held that an aggrieved public employee could rely on the testimony of a treating physician, who has not been designated as an expert witness, to establish the existence of a disability for a claim under the New

Recent Decision Offers Lessons on Disability Accommodation Under NJLAD

Recent Decision Offers Lessons on Disability Accommodation Under NJLAD

Disability discrimination suits pursuant to the New Jersey Law Against Discrimination and the Americans With Disabilities Act are increasingly common. A recent decision by a New Jersey district judge highlights when employers are obligated to make reasonable accommodations. The Facts of the Case In Fronczkiewicz v. Magellan Health Services, Inc.,

Is the New Jersey Port Authority Covered by the NJLAD?

In an interesting discrimination case working its way though the federal court system, the New Jersey Port Authority maintains that it is not covered by the New Jersey Law Against Discrimination (NJLAD). The argument relies on an unpublished Third Circuit Court of Appeals decision that appears to suggest that the