Good news if you have offices in New Jersey but employees in other states: Employees can’t sue in New Jersey just to gain the expansive protections available under the New Jersey Law Against Discrimination (NJLAD).
Recent case: Heike Albert worked in Florida for DRS RSTA, a firm incorporated in Delaware, but the subsidiary of a New Jersey company. Albert tried suing in New Jersey, claiming NJLAD violations. She suggested that because the discriminatory decisions she alleged were carried out by personnel in the parent corporation, she should be able to take advantage of NJLAD’s discrimination protections.
The court disagreed. Because she never worked in New Jersey, she had to sue in Florida or another state where she had actually worked. (Albert v. DRS Technologies, et al., No. 2:10-CV-03886, DC NJ, 2011)
- You can put your seniority system ahead of ADA accommodation
- Address sexual harassment fast! It's the right--and smart--thing to do
- Arbitration agreements must be specific and conspicuous
- Use consistent approach, interview checklists in hiring process
- Don't pile on reasons for firing; you're spoiling for retaliation fight in court