The New Jersey Supreme Court has recently ruled that employers are prohibited from retaliating against workers who have filed discrimination complaints due to retaliation against the workers family member or other close associates. In Thompson v. North American Stainless, Eric Thompson, who was employed at North American Stainless, claimed that because of his lawsuit, his fiancé Miriam Regalado had filed a sex discrimination charge with the EEOC, and then within three weeks of her filing, Thompson was terminated. Thompsons lawsuit claims simple retaliation under Title VII due to the EEOC filing by Regalado.
With Justice Scalia wiring, the Court held that Title VII's anti-retaliation provision prohibits any employer action that might have dissuaded a reasonable worker from making or supporting a charge of discrimination. The Court held: "We think it obvious that a reasonable worker might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired." The court went on to hold that firing a close family member will "almost always" meet the standard and inflicting "a milder reprisal on a mere acquaintance" will "almost never" meet it. The court stated that anyone who falls within the "zone of interest" is protected by the Title VII protections.
For those in Hudson County, Essex County, Middlesex County, or Somerset County, who would like more information on this case, or any Title VII claim you may have, call Mark & Galusha, LLC for your personalized consultation. Contact Mark & Galusha by either clicking our "contact us" link, or calling 908-626-1001 or 973-440-2311.
Disability Discrimination - DEAF EMPLOYEE'S REQUEST FOR A TTY TELEPHONE DENIED (1-25-11)
Ashton, the Plaintiff who is deaf and was employed by the Gloucester Township Police Department filed suit alleging that the Town could have hired him by "accommodating" him with the use of a TTY telephone. In the matter of Ashton v. Gloucester Twp. Police Dept., the Division of Civil Rights denied Mr. Ashton's claim, which was upheld because the use of "sign language" "reading lips, writing or speech" was sufficient.
For those in Somerset County, Newark or who believe that they may need a disability discrimination attorney, or for any questions you may have relating to a Disability Discrimination claim under the New Jersey Law Against Discrimination please call Mark & Galusha, LLC for your personalized consultation. Contact Mark & Galusha by either clicking our "contact us" link, or calling 908-626-1001 or 973-440-2311.
WORKERS' COMPENSATION OR PERSONAL INJURY - AUTO ACCIDENT BY CO-EMPLOYEE (1-25-11)
In an interesting ruling by the Appellate Division, in which the Court has denied a Plaintiff her day in court based upon the ruling that an auto accident in the employer's parking lot is "compensable" pursuant tot eh New Jersey Workers Compensation Act. In Bianco v. Smith-Robotham, the Plaintiff was injured in her employer's parking lot, when arriving to work, by she was struck by a second car being driven by a co-worker who was leaving work. The Court held that Plaintiff's personal injury claim was denied because the "fellow-servant rule" applied, resulting in a viable claim pursuant to the Workers Compensation Act. The workers compensation act barred the 3rd Party claim against the co-employee.
For those in Somerset County, Hunterdon County or Morris County, who believe they need a workers compensation or personal injury attorney, or for any questions you may have relating to personal injury or workers compensation claim please call Mark & Galusha, LLC for your personalized consultation. Contact Mark & Galusha by either clicking our "contact us" link, or calling 908-626-1001 or 973-440-2311.
