06/28/2010
Sometimes, an employee isn’t a good fit for a particular job assignment and gets frustrated that things aren’t working out. Employers that transfer such an employee with the genuine intent to give her a fresh start elsewhere probably won’t find themselves in legal hot water. That’s true even if the employee had filed an EEOC charge—as long as the new job has similar duties, responsibilities, pay and other benefits.
06/28/2010
The New Jersey Law Against Discrimination (NJLAD) expresses a clear legislative intent to prohibit discrimination in all aspects of the employment relationship. However, the NJLAD allows employers to refuse to accept for employment or promote anyone over 70 years of age. The law does prohibit firing someone over 70 because of age. This exception was the subject of a recent New Jersey Supreme Court ruling.