Index of ArticlesFTC Bans Most Non-Compete AgreementsDiscriminatory Job Transfer Can be Actionable Without Significant HarmCondominiums Can be Required to Allow Emotional Support Animal as Reasonable Accommodation for Resident’s DisabilityEmployees Can Proceed with Claim Employer Sued Them for Alleging DiscriminationCourt Dismisses Failure to Accommodate Claim But Allows Related Retaliation Claim to ProceedMore Recent ArticlesNew Jersey Employment Lawyer Blog - 5 new articlesFTC Bans Most Non-Compete Agreements
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Discriminatory Job Transfer Can be Actionable Without Significant Harm
The United States Supreme Court recently ruled that an employee who brings a lawsuit alleging she was transferred to another position for a discriminatory reason does not have to prove the transfer caused her significant harm.
Jatonya Clayborn Muldrow is a police sergeant in the St. Louis Police Department. She served as a plainclothes officer in the Department’s specialized Intelligence Division. In that position, she investigated public corruption and human trafficking cases, oversaw the Gang Unit, and was the head of the Gun Crimes Unit. As part of her position, she also was a Task Force Officer with the FBI, which gave her FBI credentials, an unmarked vehicle that she took home, and the right to conduct investigations outside of St. Louis.
After a new Intelligence Division commander took over the Division, he decided to transfer Sergeant Muldrow out of the unit so he could replace her with a male Sergeant who he considered a better fit for the unit’s “very dangerous” work. As a result, Sergeant Muldrow was reassigned to a uniformed position in its Fifth District.
Condominiums Can be Required to Allow Emotional Support Animal as Reasonable Accommodation for Resident’s Disability
The New Jersey Law Against Discrimination (“LAD”) can require a condominium association to allow a resident to keep an emotional support dog as an accommodation for a disability even if the dog exceeds the association’s weight limit for pets.
K.P. and B.F. live at Players Place II, a condominium complex in New Jersey. Players Place II’s rules and regulations allow only pets under 30 pounds to live in its apartments.
The Association filed a lawsuit against K.P., claiming he violated its rules and regulations. K.P. and B.F. filed a counterclaim alleging the Association violated the LAD by denying B.F. a reasonable accommodation for her disabilities.
Employees Can Proceed with Claim Employer Sued Them for Alleging Discrimination
A recent decision by the United States District Court for the District of New Jersey recognizes that an employer filing a lawsuit against an employee because he asserted a discrimination claim against it can be an act of unlawful retaliation in violation of the New Jersey Law Against Discrimination (“LAD”) and Title VII of the Civil Rights Act of 1964 (“Title VII”).
The retaliation claim was asserted by Jean-Claude Franchitti and Vartan Piroumian, two former employees of Cognizant Technology Solutions Corporation and Cognizant Technology Solutions U.S. Corporation. Mr. Franchitti was Cognizant’s Chief Architect and Assistant Vice President, and Mr. Piroumian was its Principal Architect and Enterprise Architect.
Mr. Franchitti and Mr. Piroumian each previously asserted discrimination and retaliation claims against Cognizant. Mr. Franchitti filed a Charge of Discrimination with the United States Equal Opportunity Commission (“EEOC”) asserting age discrimination, national origin discrimination and retaliation, as well as a subsequent lawsuit in California asserting the same claims, a claim under the False Claims Act alleging the company was engaging in visa fraud, and a lawsuit in New York alleging retaliation. Mr. Piroumian has filed two Charges of Discrimination against Cognizant with the EEOC alleging unlawful discrimination and retaliation.
Court Dismisses Failure to Accommodate Claim But Allows Related Retaliation Claim to Proceed
Recently, the District of New Jersey dismissed an employee’s disability discrimination and failure to accommodate disability claims, but did not dismiss her related retaliation claim.
Amber Ray worked as a Project Manager/Estimator for Elecnor Hawkeye, LLC. Before she began working for Elecnor, Ms. Ray had been diagnosed with Lupus. However, sometime after Elecnor fired her, she learned she had been misdiagnosis and actually had Hypermobile Ehlers-Danlos syndrome, which is a complex musculoskeletal condition, and several other auto-immune conditions.
On Friday, July 30, 2021, Ms. Ray sent a text message to her supervisor, Hal Meeler, informing him that she would be working from home that day. In response, Mr. Meeler told Ms. Ray she was required to work in the office, and he would discuss the issue with her on Monday.
