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Nutley Law Blog

Woman loses case alleging associational disability discrimination

A federal judge dealt the final blow against a woman who was claiming associational disability discrimination after she quit her job the same day her husband was fired allegedly because he constantly passed gas at work.

The Americans with Disabilities Act (ADA) prevents employers from discriminating against employees with a disability. It also prevents them from discriminating against someone based on their relationship to or association with someone who has a disability.

Ignored skin issues can lead to much bigger problems later

Your skin is an amazing organ -- not only does it protect your entire body, it serves as an early warning device of a number of health issues.

Unfortunately, skin issues are something that primary care physicians and others often ignore or dismiss as minor problems that are not really worth being concerned over. This can lead to a delayed diagnosis of something serious -- or one that's missed altogether -- leaving you struggling to control a condition that could have been treated much more easily if it had been caught early on.

Spot the signs of discriminatory job termination in New Jersey

Given that New Jersey is an "at-will" state where employees can be fired for nearly any reason, how can you tell if your employer violated the New Jersey Law Against Discrimination (LAD) when firing you?

You have to approach the question in steps.

Quid pro quo harassment: Trading sex for job security

Has your boss hinted (or outright stated) that if you want to get a little something, like a permanent position or a promotion, that you need to give a little something, like your sexual favors?

If so, that's called "quid pro quo" harassment, and it's illegal.

$51 million dollar award punishes company for age discrimination

Punitive damages are not the norm in civil suits—in fact, they're only supposed to be awarded in the most extreme cases, as a way for the jury to punish the defendant for his or her conduct and discourage others from doing something similar.

So what made a New Jersey jury award $50 million in punitive damages to a mid-level manager who lost his job with Lockheed Martin Corporation during a company-wide reduction in force effort?

Mandatory arbitration: Consumer beware!

Do you have the right to sue your bank for cheating you on your mortgage? What about the amusement park where you were injured on a defective ride? Can you sue the nursing home you put your mother in if they neglect or abuse her?

Maybe not. You'd better check your contract or the fine print on your tickets. More and more companies are quietly inserting mandatory arbitration clauses into their consumer contracts—and "mandatory" is just a nice way of saying "forced."

Buckle up: It can save your life and your personal injury case

One of the things that can reduce your ability to get full compensation for your injuries after an accident is when the defense attorney is able to prove that you are partially at fault for the injuries you and your family suffered.

For example, if you aren't wearing a seat belt or you don't have your children properly buckled into their booster seats when a car accident happens, you could be handing the opposition a gift that will allow them to defend the person who caused the accident against your claim for compensation.

Is it worth it to contest a parent's will?

As any attorney who has contested a will for a client can tell you, not everyone will be pleased with the way a decedent handled his or her will and disposition of assets. However, simply because you did not wind up with what you feel you should have gotten does not necessarily give you the grounds to mount a challenge to the will.

But sometimes it might be worth the time, money and effort. How can you determine whether a will challenge is valid and whether or not you stand a chance of succeeding?

Always make sure you tell your attorney everything

One of the most important things that you can do to help your own case, especially in situations like a wrongful terminations claim where you know the other party is going to try hard to justify their actions, is always make sure your attorney has all the details.

It's an important step to take, even if some of those details (especially if taken out-of-context) are unflattering.

Age bias cases are now more complex in some states

Is it still workplace discrimination if the practical effect of a policy that seems neutral on its surface ends up being disproportionately negative for a subgroup of a protected class?

According to the Third Circuit Court of Appeals, which handles cases in New Jersey, Pennsylvania and several other states, it most certainly does.

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