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January 2016 Archives

Gender Discrimination And Appearance Policies

Can you be fired for gaining a few pounds? According to the New Jersey Supreme Court, apparently the answer is yes. The issue arose based on the practice of an Atlantic City casino of firing cocktail waitresses if they gained more than 7 percent of their body weight. A group of "Borgata Babes" eventually tired of being embarrassed and harassed as part of regular weigh-ins and filed turned to the law to put a stop to the discrimination. Unfortunately, the practice was condoned by the court system based on the notion that the casino applies the rule to both male and female employees. That ignores the fact that there is no evidence that the men who work as bartenders are weighed as frequently, or even at all.

Gender Discrimination Suit Against Princeton University Settled

The Employment, School Discrimination and Civil Rights trial law firm of Costello & Mains, LLC in Mt. Laurel, NJ is pleased to announce the settlement of litigation commenced against Princeton University which alleged that Princeton was discriminating on the basis of gender in its Summer wrestling program. The suit, filed on August 4, 2015 on behalf of high school wrestler Rebecca Pizuto by her father, Joseph, contended that Rebecca had attempted to attend a Summer wresting camp offered for Middle School and High School wrestlers. She was informed by the University that the program was not open to female wrestlers despite the fact that no such gender-based rule appeared anywhere on the University's Summer wrestling camp website. The lawsuit was filed pursuant to the New Jersey Law Against Discrimination in Mercer County under docket number L-1760-15.

New Jersey Employment Trial Lawyer Wishes the American Association for Justice a Happy 70th Birthday

I'm a proud member of the American Association for Justice, an organization begun in 1946 when a group of 11 lawyers met in Oregon to form a new organization called the "National Association of Claimants' Compensation Attorneys." That organization became, in time, The American Trial Lawyers Association and, finally, The American Association for Justice. 2016 is the Association's 70th birthday.

Subcontracting And Employment Law Violations

There are valid business reasons for a company to hire another company to provide a workforce. A company whose labor needs may change quickly might prefer the ability to quickly scale up or scale down without it impacting payroll. Such arrangements can also help employees who are able to find steady work through temp agencies or other subcontractors. There are serious problems with subcontracting, however. It can be used as a tool to deny workers proper wages, including overtime benefits. It can shield bad actors from the legal consequences of their actions. The rise in popularity of these arrangements has naturally led to an increase in the abuse of workers. The Department of Labor' Wage and Hour Division has released new guidance regarding the acceptable use of subcontracted employees.

The Technology To Prevent Deadly Accidents

The National Transportation Safety Board has released its annual Most Wanted List of safety improvements for 2016. The list contains ten areas where the NTSB plans to focus its advocacy efforts in the new year. Each area of concern contains a number of recommendations for how transportation could be made safer. The 2016 list is heavy on recommendations involving safety technology.

Gender And Gender Identity Discrimination Guidelines

New York City is releasing new guidelines to help combat discrimination against people based on gender or gender identity. The New York City Human Rights Commission has put forth specific rules explaining just what amounts to discrimination. The rules cover discriminatory practices that often target gay and transgender people. The guidelines will apply to a large percentage of businesses, as well as to landlords and other employers.

New Auto Safety Rating Rules Considered

In the late 1970s, the National Highway Traffic Safety Administration unveiled the 5-Star Safety Ratings Program. Over time, the rating has gone from a novel invention to a vital factor in the way many consumers choose a new vehicle. The NHTSA has the power to push automakers to adopt new safety technology by making the technology necessary to achieve a top rating. After a difficult year in 2015, the NHTSA is considering a number of changes to the rating system, as well as other changes designed to help the agency protect and promote highway safety.

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Costello & Mains, LLC

18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054

Toll Free: 800-421-0212
Phone: 856-291-0642
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