Employment Law

work place discrimination On June 21, 2016, the NJ Supreme Court ruled that employees may not be fired or held back from advancement due to the fact that they are in the process of divorcing or separating.

According to Reuters, the NJ Supreme Court voted 6-0 that the state’s Law Against Discrimination’s provision that prohibits discrimination based upon marital status also includes divorce, separation, and even being single. If the employee’s or prospective employee’s marital status has no bearing on job performance or on the environment of the workplace, then it should not be a factor in being hired nor in advancing to a higher position. The employer’s approval, disapproval, or concern regarding the worker’s marital status should not be a factor.

Smith v. Millville Rescue Squad et al

New Jersey Family Leave Act Balancing a job, child care, and elder care can seem like a daunting task. This is even more difficult for single parents and families dependent upon two incomes to make ends meet.

The federal Family and Medical Leave Act (FMLA) grants eligible employees of covered employers the right to take up to 12 weeks of job-protected, unpaid leave in a year to care for a newborn and up to 26 weeks to care for a seriously ill family member; however, there are two problems in that statement: “eligible” and “unpaid.” Many employers are not covered by the act, and less than half of the nation’s workers are eligible. What’s more, many employees who do qualify for the unpaid leave cannot afford to take off from work without getting paid.

In April 2016 New York State made the news by becoming the fourth state to offer paid family leave. The other three, in chronological order, are California, New Jersey, and Rhode Island. All four states built their programs on Temporary Disability Insurance (TDI) programs already in place.

Articles Posted in Employment Law

Divorce and Separation Protected by Anti-Discrimination Law

When a Family Member Needs Immediate Care: New Jersey’s Family Leave Act