A Capehart Scatchard Blog

Tag: New Jersey Law Against Discrimination

NJ Supreme Court Holds That Supervisor’s Two Uses of Offensive Slurs are Sufficient Support Hostile Work Environment Claim

By on June 24, 2021 in Labor & Employment with 0 Comments

By: Kristen M. Doyle, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. In a case decided on June 16, 2021, the New Jersey Supreme Court held in Armando Rios Jr. v. Meda Pharmaceutical, Inc. that a supervisor’s use of two offensive slurs was severe and pervasive enough to support a hostile work environment claim for a jury to decide under the New Jersey Law Against Discrimination (“NJLAD”). The facts on the summary judgment record established that defendant Meda Pharmaceutical, Inc. (“Meda”) hired Rios, a Hispanic male, in May 2015 as the company’s Director of Brand Marketing. Rios alleged that one month after […]

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NJ Supreme Court Holds Adverse Employment Action Not a Required Element of a Failure to Accommodate Claim

By on June 16, 2021 in Labor & Employment with 0 Comments

By: Gitika Kapoor, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 8, 2021, the Supreme Court of New Jersey held in Richter v. Oakland Board of Education that an employee is not required to establish adverse employment action such as demotion or termination in a failure to accommodate disability claim brought against an employer under the New Jersey Law Against Discrimination (“NJLAD”).  In addition, the Court considered whether the plaintiff’s claim was barred by the exclusive remedy provision of the Workers’ Compensation Act (“WCA”). The Court held that the NJLAD and WCA are not in tension with each other, and […]

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When “The Easy Way Out” Isn’t So Easy – Beware of Litigation from Non-Tenured Teachers Who Are Non-Renewed

By on January 18, 2021 in Labor & Employment with 0 Comments

As a practitioner who has spent most of his legal career as a school board attorney serving as general or labor counsel to boards of education, I address a trend that seems to be on the rise – litigation brought for employment discrimination in the wake of a non-tenured teacher being non-renewed at the conclusion of the teacher’s annual employment contract. In the world of school law, a “non-renewal” is distinct from a “termination,” “discharge,” or “firing” in both the legal and practical sense.  The latter tend to occur upon notice, and, in the public school context, almost always with […]

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Appellate Division Vacates Summary Judgment Decision and Issues Remand in Employment Discrimination Case

By on February 4, 2016 in Labor & Employment with 0 Comments

In an unpublished decision dated January 7, 2016, the New Jersey Appellate Division in Sheridan v. Egg Harbor Township Board of Education, 2016 N.J. Super. Unpub. LEXIS 10 (App. Div. 2016) vacated the trial court’s dismissal of a former employee’s discrimination complaint and remanded the matter for trial.  Plaintiff, a former custodian for the Egg Harbor Township Board of Education, alleged that the Board wrongfully terminated her on the basis of obesity in violation of the New Jersey Law Against Discrimination and subjected her to a hostile work environment due to her floor supervisor’s repeated disparaging remarks about the custodian’s […]

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