Schenck Price Smith & King, LLP HARASSMENT & DISCRIMINATION –

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Presentation transcript:

Schenck Price Smith & King, LLP HARASSMENT & DISCRIMINATION – COULD YOU MAKE THE DETERMINATION? Presented by: Deborah A. Cmielewski, Esq. November 18, 2016 11:15 a.m. – 12:45 p.m. © Schenck Price Smith & King, LLP

NJ LAW AGAINST DISCRIMINATION N.J.S.A. 10:5-12 Makes it unlawful to subject people to different treatment based on: - race - creed - color - national origin - nationality - ancestry - age

NJ LAW AGAINST DISCRIMINATION N.J.S.A. 10:5-12 (cont’d) - sex (including pregnancy) - familial status - marital status - domestic partnership/civil union status - affectional or sexual orientation - gender identity or expression - a typical hereditary cellular blood test - genetic information

NJ LAW AGAINST DISCRIMINATION N.J.S.A. 10:5-12 (cont’d) - military service - mental or physical disability - perceived disability - AIDS and HIV status

HIRING

“DO” MAINTAIN POLICIES Clear and concise Plain language Reporting structure

Separate management/staff Effective training Separate management/staff Regular retraining

“DO” REVIEW EMPLOYEES Review process Management participation Recordkeeping Action items Follow-up

“DO” UPDATE PERSONNEL FILES Maintain files information Record

“DO” INVESTIGATE

Who What When Where Why

DISCIPLINE & FOLLOW-UP “DO” Maintain policy Discipline appropriately Note the personnel file Follow-up

“DO” MAINTAIN INSURANCE

“DO” COMMUNICATE

Serving Our Clients And Community For Over 100 Years www. spsk Serving Our Clients And Community For Over 100 Years www.spsk.com Deborah A. Cmielewski, Esq. (973) 540-7327 dac@spsk.com