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On Tuesday, March 21, at the Rutgers Club, NELA-NJ hosted an important and timely presentation by Alan Schorr, Esq. concerning a major update in non-compete law.  As many of you are aware, the Federal Trade Commission has proposed a total ban on non-competes.  The proposed rule would not only ban the future use of non-compete agreements, but would also void all existing agreements, thereby making non-competes functionally extinct.  Alan will present about the current version of the Rule, the changes to the Rule that have been proposed and are likely to be adopted, and the nuts and bolts of current-non-compete law. As many of you know, Alan is a past-president of NELA-NJ.  He has been involved for many years on behalf of NELA-NJ in lobbying for state legislation limiting non-compete agreements and, more recently, by analyzing and formally commenting upon the proposed federal rule.  He is a recognized thought-leader in the subject matter and will have great insight into the legislative and executive processes that led to the formulation of the Rule.

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The facts of this case began in 2012, when Ms. Richter received her schedule for the year. Ms. Richter suffers from Diabetes. She received a schedule for the 2012-13 school year that required her to eat her lunch during the last lunch period. She immediately explained to her school’s principal that her medical condition required an accommodation that would allow her to eat earlier.

Over the years that followed, Ms. Richter’s schedule constantly shifted between periods, often requiring her to take glucose tablets in order to maintain her blood sugar levels. Each time she was scheduled for a later period, she requested the same accommodation of an earlier period. Sometimes she received a formal response, sometimes her request was ignored, and sometimes she was instructed to do what she needed to do for her health without any formal documentation or instruction.

As a result of the lack of accommodation for her medical needs, Ms. Richter continued to delay the time that she ate and eventually suffered a seizure at school in front of her students. During this seizure, she struck her head and face on a lab table. As a result, she was transported to the emergency room via ambulance. She was left without a sense of smell and suffered dental and facial trauma, vertigo, dizziness, post-concussion syndrome, and other negative health effects.

Ms. Richter filed suit against the school district alleging disability discrimination, but her case was denied a hearing because Ms. Richter could not make a showing that she suffered an adverse effect on her employment. The school district argued that because she was not disciplined, demoted, suspended, terminated, or subject to a hostile work environment, her claim was legally meritless. The New Jersey Supreme Court has agreed to review the case to determine whether employees can allege disability discrimination in the absence of a tangible adverse employment action.

If the court agrees with Ms. Richter’s position, it will be a groundbreaking decision for employees who have suffered adverse health effects due to disability discrimination without having suffered adverse employment effects. As we await the Court’s review, which is expected to occur in 2020, we continue to act on behalf of employees who believe they have suffered damages at the hands of their employers.

If your employer is not accommodating your disability or taking other actions against you due to your disability, Schorr Law may be able to help. For more information or guidance on a situation that is affecting or has affected you, contact us today for a free initial consultation

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The case involves a lurid tale of a senior manager in the company’s IT department meeting an adult dancer at a gentlemen’s club and hiring her to work in his department, despite her lack of experience. Joseph King had been dating one of Soleil Bonnin’s colleagues at the Washington, D.C. club when he offered her a job, but after she was hired she charges that he kept her isolated within the department and used his position as her supervisor to demand sex, going so far as threatening to fire her if she did not comply. According to Ms. Bonnin’s attorney, King told her that “he could do whatever he wanted at Fannie Mae,” including firing her. “On some occasions, King would take plaintiff to a nearby hotel and demand that she have sex with him.”

The lawsuit charges that at least one of King’s supervisors at Fannie Mae was aware of the relationship, going so far as to approve expenses for lunches with alcohol and business trips that he insisted she accompany him on. “Fannie Mae tolerated and fostered an environment where employees were given latitude to act improperly. Fannie Mae turned a blind eye to plaintiff and King’s unexplained extended absences from the workplace and their lack of productivity.”

Fannie Mae responded to the charges in a statement to media, saying, “We have zero tolerance for sexual misconduct and harassment. We investigate allegations whenever we are made aware of them, and we take swift and decisive action when we establish inappropriate behavior. We took swift and decisive action in this instance. While we won’t comment on a pending lawsuit, we continue to investigate the allegations. We terminated the supervisor in question immediately upon learning about his misconduct.”But the lawsuit indicates that it was only after Bonnin received a restraining order against King more than a year after she began working for the company that the company fired him. The lawsuit accuses Fannie Mae of having a culture of sexism and neglect.

Sexual harassment and abuse are never acceptable, and especially not in the workplace. If your rights are being violated, we can help. Contact us today to set up an appointment to discuss your situation.

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Sexual Harassment: If it seems like every day there is another sexual harassment case in the news, it’s because it’s true. The year 2017 saw headlines about media moguls, politicians and celebrities, and there’s been a real difference in how the accusations have been handled. Victims are being believed and compensated for the damage that has been done to them. Though there’s a big difference between the very public people who are in the news and what is going on in private workplaces, each time a victim comes forward more people are being emboldened to speak up against harassing treatment and demand justice.

Gender-based Discrimination for Family Leave: Today’s fathers are speaking up and taking legal action about the lack of parity that exists when it comes to bonding with their new babies. Both the ACLU and the EEOC have filed lawsuits arguing that mothers are not the only caregivers, and that fathers should be eligible for the same amount of paid parental leave as mothers are. Though recovery time from birth and labor are clearly appropriate for mothers, having gender-based policies for caretaking and bonding is likely to be viewed as discriminatory, and will face much closer scrutiny in the coming year. The same is likely true regarding time off following adoption and foster parenting.

Transgender and LGBT Employee Discrimination: The state of New Jersey’s Law Against Discrimination already prohibits LGBT and transgender discrimination, but as acceptance of differently-gendered people becomes more widespread, those who face unfair treatment are more likely to speak up against it and take legal action on their own behalf.

Accommodation Under ADA: There has been a national uptick in requests for leave under the Americans with Disabilities Act as employees exhaust the time allowed for Family and Medical Leave Act (FMLA) or when their company is too small for them to qualify for FMLA. Though indefinite leave is not considered reasonable, employees who are denied time off for medical reasons or to care for family members may qualify for ADA protection.

Independent Contractor or Employee Issues: With the “gig” economy growing exponentially, many companies are improperly classifying employees as contractors in order to save money. This is expected to become the topic of numerous legal actions in the coming year.

If you believe that you are the victim of any kind of workplace discrimination or unfair treatment, you need to speak with an attorney who can advise you of your legal rights. Contact us today to set up a time to come in and speak with us.

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