Copyright

(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Wednesday, May 13, 2026

Sexual Harassment Survives Dismissal

A federal court in New Jersey has issued a significant ruling at the intersection of employment discrimination law, workers' compensation, and workplace harassment. In Matthews v. United Airlines, Inc., Judge Brian R. Martinotti of the United States District Court for the District of New Jersey denied, in substantial part, defendants' motion to dismiss, allowing a flight ramp employee's claims of sexual harassment, hostile work environment, and retaliation to proceed under both Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD). The decision carries important implications for workers in New Jersey who suffer harassment on the job and then find themselves further victimized by retaliatory termination.

Sunday, May 10, 2026

Single Payer’s Workers’ Compensation Gamble

For more than a decade, this blog has tracked what I have called “The Path to Federalization,” the steady, incremental expansion of federal authority over what was once an exclusively state-run workers’ compensation system. From the World Trade Center Health Program in 2010 to the Affordable Care Act’s Libby Care pilot, from Supreme Court validation of the individual mandate in 2012 to the Medicare Secondary Payer offset debate, each chapter has added a new stone to that path. California’s 2026 gubernatorial race is laying the boldest stone yet.

Friday, May 8, 2026

Virus on Board: Are We Ready?

Hantavirus, the Andes Strain, and the Workers' Compensation System's Preparedness for Person-to-Person Infectious Disease Outbreaks

SSDI in Freefall

The Social Security Administration's (SSA) Disability Insurance (SSDI) program has undergone a dramatic transformation over the past decade. New data from SSA's Office of the Chief Actuary reveal a steep and sustained decline in disabled-worker beneficiary rolls, a trend with profound consequences not only for disabled workers but also for the workers' compensation system that frequently intersects with SSDI benefits.

Thursday, May 7, 2026

Arbitration Enforced Despite Language Barrier

A federal court in New Jersey has compelled arbitration in a case involving a Spanish-speaking employee who alleged disability discrimination, whistleblower retaliation, and workers' compensation retaliation. despite the fact that she could not read or understand the English-language arbitration agreement she signed.