Employment Law Alert

Employment Law Alert

News and Updates on Employment Law

Tag Archives: Race

EEOC to Collect Wage and Hour Data Based on Race, Ethnicity, and Gender in Effort to Aid Enforcement of Laws Requiring Pay Equity

Posted in Wage & Hour
The United States Equal Employment Opportunity Commission ("EEOC") has proposed a change to the EEO-1 Report, the standard form used to collect workforce profiles from certain private industry employers and federal contractors. In its current iteration, the form annually requires employers to categorize their workforces based on gender, race, ethnicity, and job category, using data collected from one pay period occurring in July, August, or September of the reporting year. The amended form would require further categorization of employees based on W-2 earnings and hours worked.… Continue Reading

New Jersey Appellate Division Decision Stresses Importance of Meaningful Anti-Harassment Policy and Training

Posted in Discrimination, Policies/Handbooks
An effective anti-harassment policy has long been recognized as a key component to an employer’s avoidance of liability for allegations of sexual, racial, or other harassment under New Jersey law. The New Jersey Appellate Division in Dunkley v. S. Coraluzzo Petroleum Transporters recently reinforced this fact, and the decision provides a helpful reminder to employers that adopting clear anti-harassment policies, providing regular training to its workforce, and immediately addressing allegations of harassment/discrimination once presented, are important factors that may help them avoid liability for the conduct of employees who violate such policies.… Continue Reading

What to Expect from the EEOC in 2013

Posted in Discrimination
At the Gibbons Second Annual Employment & Labor Law Conference last month, one panel discussion focused on the Equal Employment Opportunity Commission's ("EEOC") recent activity and enforcement priorities. Among the panelists were Corrado Gigante, Director of the Newark Area Office of the EEOC, and Gibbons Directors, Christine Amalfe, Kelly Ann Bird and Susan Nardone.… Continue Reading

New Requirements for NJ Employers and for Employers Conducting Business in Newark, NJ

Posted in Discrimination
Beginning November 12, 2012, the State of New Jersey will require employers to post a new "equal pay" notice in the work place, to provide the notice to employees and to obtain an acknowledgment of receipt. Effective November 18, 2012, the City of Newark will impose restrictions on employers conducting hiring in the City with regard to the use of criminal background checks for job applicants.… Continue Reading

Third Circuit Decides First Cat’s Paw Case Post-Staub

Posted in Discrimination
On August 17, 2011, the Court of Appeals for the Third Circuit rendered its decision in McKenna v. City of Philadelphia, the first significant cat's paw theory case out of the Third Circuit since the United States Supreme Court's March 2011 decision in Staub v. Proctor Hospital, which was the subject of a previous Employment Law Alert post. The Staub decision addressed the circumstances under which an employer can be held liable for the discriminatory or retaliatory animus of a nondecisionmaker - often referred to as the "cat's paw" theory. The primary issue in McKenna was whether an intervening act between the alleged retaliatory conduct and the employee's termination - a hearing before a neutral board - was sufficiently independent to break any causal link between the allegedly retaliatory act and the employment action. Based upon the underlying facts of this particular case, the Court determined that it was not.… Continue Reading

Third Circuit Refused to Apply Ledbetter to Promotion Claims

Posted in Discrimination
On an issue of first impression in the Third Circuit whether "a failure-to-promote claim" constitutes "discrimination in compensation" as prohibited by the Lilly Ledbetter Fair Pay Act of 2009 ("FPA") the Court of Appeals recently held that a failure to promote claim is not the same as a discrimination in compensation claim. Consequently, the Plaintiff in Noel v. The Boeing Company could not avail himself of the FPA's more flexible statute of limitations period.… Continue Reading

NJ Court Denies Employer’s Request for IME of Plaintiffs Alleging Race Discrimination

Posted in Discrimination
Stating that "[e]motional distress is a recognized byproduct of discrimination," the New Jersey Law Division recently held in the unpublished decision of McGhee v. Pathmark Stores, Inc. et al. that the three plaintiffs did not put their mental state in issue when they pled severe and continuing pain and suffering over a three-and-a-half year period as a result of race-based employment discrimination under the New Jersey Law Against Discrimination (LAD), and rejected the defendant employers' application to conduct an independent medical examinations (IMEs) of the plaintiffs.… Continue Reading