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April 2011 Archives

Your Blackberry - The Final Frontier in Wage and Hour Litigation?

Personal Digital Assistants (PDA's), like a Blackberry or IPhone, have become commonplace tools in our work and personal lives. And that's a problem. Many employers expect their employees to be accessible at all times of day and the old time card method of starting and ending the workday is now obsolete.

Sex Discrimination Against the Transgendered – The New Frontier

Sex discrimination in the workplace usually brings to mind images of female subordinates harassed by male superiors. But the traditional notion of sex discrimination has been radically changed in recent years by discrimination and harassment of the transgendered. El'Jai Devoureau of Camden, New Jersey was born a female but changed his gender to male "legally, medically and socially" in 2009. He began working at the Camden Treatment Associates in June 2010. One day after he started, he was confronted by a supervisor who discovered that he was born female. After refusing to answer the supervisor's questions about his gender reassignment surgery, Devoureau was fired.

Employee Theft May Pay - The New Jersey Supreme Court OK's Use of Confidential Information in a Discrimination Suit

A NJ Supreme Court decision from last December is still a source of dispute in the employment law community. That's because the case dealt with the question of whether it's OK to steal confidential documents from an employer. Shockingly, the majority of the New Jersey Supreme Court answered that question by saying - "sometimes."

STS Tire Stores Unfriendly to those Most Reliant on Wheels - The Paraplegic

STS Tire and Auto Centers puts people on new wheels all over the northeast with about 60 locations in New Jersey, 21 in Pennsylvania and 26 in New York. However, according to paraplegic Jose Clemente, STS is unfriendly to the wheels he is most reliant on-those on his wheelchair. In his federal court lawsuit, Clemente claims that some STS locations fail to follow the federal Americans with Disabilities Act ("ADA") by failing to accommodate disabled customers with appropriate parking and restroom accessibility.

A Tale as Old as Time: Age Discrimination in the Workplace

In 2002, M. Foster Werner Jr. was hired by AT&T to improve the reputation, performance and profitability of one of its subsidiary's real estate departments. Werner testified in a lawsuit against the subsidiary that as director of the real estate department, he was also supposed to reduce costs. Apparently, Werner also believed he was also supposed to reduce the average age of his staff.