Employment Law Insights Blog | John J. Zidziunas & Associate

Apple has agreed to pay $25 million to settle allegations of hiring discrimination, favoring foreign workers on visas over U.S. citizens, violating federal anti-discrimination laws. The settlement underscores the importance of fair hiring practices and compliance with the Immigration and Nationality Act. It has broader implications for corporate hiring policies, particularly in the tech industry.

The EEOC’s 2024 litigation strategy focuses on addressing systemic discrimination, protecting vulnerable populations, and tackling emerging issues like AI bias and workplace harassment. Key areas include protecting marginalized groups such as immigrants, people with disabilities, and LGBTQ+ individuals, as well as enhancing protections for pregnant and caregiving employees. The EEOC is also challenging biased AI algorithms in hiring and ensuring compliance with anti-discrimination laws. Employers must review their hiring practices, harassment prevention policies, and accommodations to align with these priorities, creating a safer and more inclusive workplace.

Non-disclosure agreements (NDAs) are often used in sexual harassment settlements to ensure confidentiality but raise concerns about accountability. While NDAs protect victims' privacy and help resolve cases quickly, they can also shield perpetrators and limit transparency. High-profile cases like Harvey Weinstein and Activision Blizzard show the negative impact of NDAs in perpetuating harassment cultures. Recent legislative changes, like California’s Silenced No More Act and New York’s anti-NDA law, aim to empower victims and increase transparency. Balancing confidentiality and accountability remains a critical issue for employers and lawmakers.

Maureen O’Reilly, represented by John J. Zidziunas & Associates, is suing Horizon Blue Cross and Beacon Health Options for denying addiction treatment that could have saved her son, Ed Fahy. Forced into inadequate care in Florida, Ed tragically overdosed. The case highlights systemic insurance failures and calls for reform to prevent similar tragedies.

Workplace relationships involving power imbalances can lead to significant legal issues, including coercion, harassment, and retaliation. The Diddy-Cassie allegations highlight the challenges of consent when one party holds influence over the other’s career. Companies must implement clear policies and provide support for employees to protect against these risks.

The 15-year statute of limitations for sexual abuse cases allows victims more time to seek justice, especially in high-profile cases. This extension empowers victims to come forward without the pressure of tight deadlines, promoting accountability for abusers. High-profile cases like Harvey Weinstein's have highlighted the significance of these changes in the legal landscape.

Expecting a child can be both exciting and challenging, particularly in the workplace where pregnancy discrimination remains a concern despite legal protections. Discrimination can include biased hiring practices, denial of reasonable accommodations, and unfair treatment. Key laws like the Pregnancy Discrimination Act, ADA, FMLA, and state-specific regulations safeguard employees’ rights, ensuring accommodations and leave are provided. Understanding these laws, documenting incidents, and seeking legal advice can help address unfair treatment. Employers are encouraged to create supportive environments, promoting equity and respect for expecting employees.

New Jersey's employment discrimination laws, particularly the NJLAD, protect workers from discrimination based on characteristics like race, gender identity, and disability. These laws cover hiring, harassment, equal pay, retaliation, and accommodations for disabilities and pregnancy. Additional protections include the New Jersey Family Leave Act and Equal Pay Act. Workers can take legal steps if they experience discrimination, including filing complaints and lawsuits.

Cassie’s lawsuit against Sean “Diddy” Combs highlights abuse, power imbalances, and systemic failures. It underscores the need for workplace reforms, including clear boundaries, policies on relationships, leadership accountability, and bystander empowerment. The case also calls for stronger legal compliance, victim support, and zero-tolerance policies. This is a wake-up call for cultural change, especially in industries like entertainment, to prioritize transparency, accountability, and employee well-being.

Severance pay in New Jersey is often provided for layoffs or restructuring but is generally not mandatory unless required by a contract or the NJ WARN Act. This law mandates severance for mass layoffs at large companies, calculated as one week’s pay per year of service. Severance is taxable and may include negotiated benefits like health coverage.