Legal Insights

Plaintiff-Employee failed to show “background circumstances” sufficient to establish a prima-facie case of reverse discrimination.

Effective June 1, 2025, New Jersey employers will need to be more transparent in their employee promotion and hiring procedures. Under new regulations, covered employers will be required to “make reasonable efforts” in announcing, posting, or otherwise making known opportunities for promotion and job openings to all current employees within affected departments. Employer compliance with these regulations is not required when promoting an employee on an emergent basis due to an unforeseen event or if the promotion is based on experience or performance.

One issue that frequently puzzles employers is their legal obligation to accommodate chronic medical conditions. Very recently, however, the Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey and Delaware, issued a precedential opinion providing further guidance as to what qualifies as a “chronic serious health condition” entitled to job-protected leave under the Family Medical Leave Act (“FMLA”).  From an analysis of the October 11, 2024 decision in Rodriquez v. SEPTA, 2024 U.S. App. LEXIS 25640, we believe it is imperative that employers require employees to provide a medical certification that not only confirms the diagnosis, but also shows a pattern of treatment for the illness be considered “chronic”.

On September 4, 2024, in Andrew Morgan v. Allison Crane & Rigging LLC, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion clarifying the legal effect of the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”). Specifically, the Court pronounced that the ADAAA expanded the scope of disability coverage under the ADA to include temporary impairments.

Who is responsible for giving context to a statute when there is ambiguity in the law? Should it be a court? Or should it be an agency that Congress has charged with administering the statute? ...

Potential Impact of the Muldrow Decision on Employment Discrimination Lawsuits On April 17, 2024, the United States Supreme Court issued a sweeping unanimous decision in Muldrow v. City of ...

For purposes of a tortious interference with a contractual relationship claim, does an at-will employee have a protectible interest in continued employment with which a third party can ...