$10 Million Punitive Damage Award for Workplace Discrimination Upheld

Unlike the NJ workers' compensation claims, there is no cap on punitive damages available for claims under the NJ Law Against Discrimination.

Defining Disability in the Era of COVID

The definition of “disability” can be complicated in various occupational statutes. In a Law Against Discrimination [LAD] N.J.S.A. 10:5-1 to -50 claim alleging the “perception of COVID” as a disability, the NJ Appellate Court declined to accept the plaintiff's claim. Guzman v. M. Teixeira International, Inc., NJ: Appellate Div. 2023.

Pending NJ Supreme Court Cases of Interest

Pending NJ Supreme Court Cases of Interest

An Employer Must Provide Accommodation for Off-Hours Use of Medical Marijuana

An employee licensed to use medical marijuana under the New Jersey Compassionate Use Medical Marijuana Act may proceed with a the New Jersey Law Against Discrimination (LAD) action ageist his employer for unlawful termination. 

Termination and the lingering cloud over a disabled worker

Injured workers are in constant fear of losing their jobs as a result of absenteeism caused by injuries incurred at work. NJ Supreme Court Justice LaVecchia noted in a recent concurring opinion in a Law Against Discrimination (LAD) case, that termination based on absenteeism challenges the remedial social intent of the workers’ compensation act.