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.
Showing posts with label discrimination. Show all posts
Showing posts with label discrimination. Show all posts
Thursday, May 7, 2026
Tuesday, February 7, 2023
Temporary Workers Bill of Rights Act Signed into Law by Governor Pat Murphy.
The New Jersey State Senate concurred with Governor Pat Murphy's recommendations in his conditional veto of the temporary workers’ bill of rights bill. A1474 The revised legislation was passed by the Senate on Thursday. It was signed into law on Monday by Governor Murphy for his signature.
Thursday, June 30, 2022
Burn Pit Claims: US Supreme Court Allows Veteran to Sue a State Agency for Employment Discrimination
In a 5-4 decision authored by Justice Breyer, the US Supreme Court reversed a lower court and remanded the case allowing a veteran to sue the state of Texas. It held under the US Constitution that the States agreed it would yield their sovereignty to the Federal Government to raise and support the Armed Forces.
Wednesday, June 8, 2022
Common Law Discrimination Complaint Fatally Flawed
One of the remedies available to injured workers who have been discharged in retaliation for filing a workers’ compensation claim is a common law action. The failure to adequately plead a retaliation action in the complaint will result in the dismissal of the action.
Thursday, May 28, 2020
NJ Proposal as to Prohibited COVID-19 Related Employment Discrimination
The Department of Labor and Workforce Development (Department) is extending the comment period for the Proposed New Rules at N.J.A.C. 12:70, Prohibited COVID-19 Related Employment Discrimination.
Wednesday, February 24, 2016
Breast Cancer: California Discriminates Against Women
The California Applicants’ Attorneys Association (CAAA) joined Assemblywoman Lorena Gonzalez (D-San Diego) for the first ever Women in the Workplace Day at the State Capitol. The day was centered around Governor Brown’s veto of the CAAA sponsored AB 305 (Gonzalez, 2015), which sought to ensure that women are not compensated less than men for identical work injuries.
Saturday, May 18, 2013
Jenny Yang Sworn In as EEOC Commissioner Bipartisan Federal Agency Now at Full Strength
Jenny R. Yang was sworn in today as Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). Yang was nominated by President Obama on Aug. 2, 2012, and was unanimously confirmed by the Senate on April 25, 2013, to serve a term expiring July 1, 2017.
With her arrival, the EEOC returns to its full complement of five commissioners. Yang joins
ChairJacqueline Berrien and Commissioners Constance Barker, Chai Feldblum and Victoria Lipnic to complete the five-member presidentially appointed bipartisan Commission, filling the position vacated by Stuart Ishimaru.
"I am delighted to welcome Jenny Yang to the Equal Employment Opportunity Commission," said EEOC Chair Jacqueline Berrien. "Her expertise in employment discrimination law and experience as a litigator will be great assets to the agency, and I look forward to working with her and my other colleagues on the Commission to promote equal opportunity in the workplace."
Yang was a partner of Cohen, Milstein, Sellers & Toll PLLC. She joined the firm in 2003, and she has represented thousands of employees across the country in numerous complex civil rights and employment actions. As chair of the firm's hiring and diversity committee, Yang has experience with the issues employers confront in making hiring and other personnel decisions.
Prior to joining Cohen Milstein, Yang served as a senior trial attorney with the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, where she enforced federal laws prohibiting discrimination in employment by state and local government employers from 1998 to 2003. Before that, she worked at the National Employment Law Project to enforce the workplace rights of garment workers. Yang clerked for the Honorable Edmund Ludwig on the U.S. District Court for the Eastern District of Pennsylvania.
"It is an incredible honor to serve as a Commissioner of the EEOC," said Commissioner Yang. "It is a privilege to work with so many talented and dedicated colleagues to ensure equal opportunity for all."
Yang previously served for over five years as vice chair and board member of the Asian Pacific American Legal Resource Center, a nonprofit organization that provides legal assistance to low-income Asian Pacific Americans and small business owners in Washington, D.C., Maryland and Virginia.
Yang received her B.A. from Cornell University in government. She received her J.D. from New York University School of Law, where she was a note and comment editor of the law review and a Root-Tilden public interest scholar. Yang and her husband, Kil Huh, director of the States' Fiscal Health Project at the Pew Charitable Trusts, have two sons. She is the daughter The Honorable Sue Yang, Retired NJ Judge of Compensation.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov
With her arrival, the EEOC returns to its full complement of five commissioners. Yang joins
"I am delighted to welcome Jenny Yang to the Equal Employment Opportunity Commission," said EEOC Chair Jacqueline Berrien. "Her expertise in employment discrimination law and experience as a litigator will be great assets to the agency, and I look forward to working with her and my other colleagues on the Commission to promote equal opportunity in the workplace."
Yang was a partner of Cohen, Milstein, Sellers & Toll PLLC. She joined the firm in 2003, and she has represented thousands of employees across the country in numerous complex civil rights and employment actions. As chair of the firm's hiring and diversity committee, Yang has experience with the issues employers confront in making hiring and other personnel decisions.
Prior to joining Cohen Milstein, Yang served as a senior trial attorney with the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, where she enforced federal laws prohibiting discrimination in employment by state and local government employers from 1998 to 2003. Before that, she worked at the National Employment Law Project to enforce the workplace rights of garment workers. Yang clerked for the Honorable Edmund Ludwig on the U.S. District Court for the Eastern District of Pennsylvania.
"It is an incredible honor to serve as a Commissioner of the EEOC," said Commissioner Yang. "It is a privilege to work with so many talented and dedicated colleagues to ensure equal opportunity for all."
Yang previously served for over five years as vice chair and board member of the Asian Pacific American Legal Resource Center, a nonprofit organization that provides legal assistance to low-income Asian Pacific Americans and small business owners in Washington, D.C., Maryland and Virginia.
Yang received her B.A. from Cornell University in government. She received her J.D. from New York University School of Law, where she was a note and comment editor of the law review and a Root-Tilden public interest scholar. Yang and her husband, Kil Huh, director of the States' Fiscal Health Project at the Pew Charitable Trusts, have two sons. She is the daughter The Honorable Sue Yang, Retired NJ Judge of Compensation.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov
Thursday, April 11, 2013
Digital Identification: Is Your Employer Going to Take Your Digital Finger Prints, Iris Scans or Face ID
The technology to digitally capture and store an individual's personal biometric identifiable information is growing at a rapid pace. Employers, medical providers and even government agencies have become frustrated by the outlawed use of Social Security numbers as means of identification.
A simple and easily used application has now become available to collect this data through an iPhone. Balacing workers' privacy against the administration of a workers' compensation system has certainly become even more challending. The use of national and international databases for the collection, dissemination and use of this type of data publically, strikes fear in the hearts of injured workers and they become even more reluctant to report both saftey concerns and injuries to employers for fear of discrimination and retaliation.
"The California-based company AOptix rolled out a new hardware and app package that transforms an iPhone into a mobile biometric reader. As first reported by Danger Room in February, AOptix is the recipient of a $3 million research contract from the Pentagon for its on-the-go biometrics technology."
Read he Complete Article:: Now Your iPhone Can Read Fingerprints, Scan Irises and ID Your Face (Wired)
"The California-based company AOptix rolled out a new hardware and app package that transforms an iPhone into a mobile biometric reader. As first reported by Danger Room in February, AOptix is the recipient of a $3 million research contract from the Pentagon for its on-the-go biometrics technology."
Read he Complete Article:: Now Your iPhone Can Read Fingerprints, Scan Irises and ID Your Face (Wired)
Friday, September 14, 2012
Family Responsibilities Discrimination - When An Employer Says No
An aging workforce creates many new problems including the responsibilities to take care of even older family members. Employers can can be harsh as they restrict such employee's request to care for aging family members.
A recent article in the NY Times discusses the issue of "Family Responsibilities Discrimination" as seniors try to step up to the plate to assist the very old family members in acute and chronic situations.
"Workers trying to care for their parents face greater challenges. “Child care is difficult because it’s so unrelenting,” Dr. Williams said. “Elder care is difficult because it’s so sudden.” Moreover, no one can predict how long those responsibilities will continue, and the costs can dwarf those of child care."
Click here to read When Work Makes You Choose (NY Times) and the Hastings Law School Project and AARP's efforts to assist legally those who has discriminated against in their view.
Read more about the "aging workforce"
A recent article in the NY Times discusses the issue of "Family Responsibilities Discrimination" as seniors try to step up to the plate to assist the very old family members in acute and chronic situations.
Click here to read When Work Makes You Choose (NY Times) and the Hastings Law School Project and AARP's efforts to assist legally those who has discriminated against in their view.
Read more about the "aging workforce"
Jul 07, 2012
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and .
Aug 03, 2012
"The aging of the U.S. population, the increasing share of females in the workforce, and, in recent years, the high unemployment rate are the primary factors explaining the rising costs of Social Security Disability Insurance." ...
Dec 05, 2009
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and ...
Oct 31, 2011
Statistics also reveal that the aging workforce is continuing to fall apart physically and file for Social Security Disability Insurance in lieu of workers' compensation at a greater rate than ever.. Even though more attention is now ...
Saturday, May 7, 2011
Worker Alleging Workers Compensation Discrimination Awarded $361,000
A worker in Minnesota was awarded $361,000 against his employer for being discriminated against for filing a workers' compensation claim. The worker alleged that the employer terminated him after he suffered a work related accident and filed a claim for workers' compensation benefits.
The worker was injured on the job when a car lost control and struck the truck that the worker was driving. The employer alleged that the employee did not disclose previous injuries on his job application and terminated him. A jury subsequently awarded the injured employee $111,000 in dames for lost wages and emotional distress and another $250,000 for punitive damages.
In New Jersey a discrimination complaint may be filed with the Division of Workers' Compensation as an administrative remedy, which is separate from any common law action which might be instituted against the employer. The Division of Workers' Compensation shall conduct an investigation and forward the complaint and the results of the investigation to the Commissioner of the Department of Labor within 30 days of filing. The Commissioner will then act in accordance with the statutory provisions to determine whether or not there has been an unlawful discharge of, or discrimination against, the employee as a result of an application for workers' compensation benefits or as a result of the employee's testimony in a workers' compensation claim. An employee who has been discriminated against will be restored to his employment and will be compensated by his employer for any loss of wages arising out of the discrimination, as long as he is still qualified to perform his job duties.
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