De Noia & Tambasco, LLC is a personal injury law firm dedicated to providing high quality, aggressive legal representation to victims of personal injury. Our firm handles many different types of personal injury cases, most of which are covered in detail on this website. Among the many kinds of cases we handle are claims for:
An initial discussion with us about your case is free of charge or obligation, and we only charge a fee if we're successful in recovering an award for you. We will not ask you to pay a retainer fee up front, because we recognize that most people cannot afford to do so. Our fees are based on a percentage of any recovery we make for you. This is called a contingent fee agreement.
Typically, we handle these and other types of personal injury cases. To discuss your injuries and your case with us, call us at (732)341-1030 today, or click here to submit your case to us for a free review.
This firm also provides numerous other legal services. This includes but is not limited to Family Law which includes divorce, custody, post-judgment, family mediation; Municipal Court including DUI/DWI defense, speeding ticket defense, careless driving defense etc.; Employment Law/Wrongful Termination. We aggressively pursue wrongful termination matters such as termination as a result of discrimination (age, sex or hostile work environment); Elder Law including wills, estate planning and will litigation; Real Estate Law including residential, commercial and business purchases; Construction Law including delay and extended overhead claims, Miller Act (prosecutions and defense), New Jersey Mechanics lien laws (prosecutions and defense), State and Federal Government Contract Litigation and Contract Arbitration. Please contact us if you are in need of these services and an appointment will be promptly scheduled.
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De Noia & Tambasco, LLC
Under New Jersey law against discrimination and employee will have a cause of action if he is in a protected class and as a result of his status is being discriminated against. In a case approved for publication on April 18, 2012 plaintiff claimed he was exposed to a hostile work environment because they perceived them to be Jewish. (Cowher v. Carson & Roberts, A-4014-10T1, approved for publication April 18, 2012)
There the Plaintiff claimed that defendants, wrongly perceiving him to be
Jewish, directed anti-Semitic comments at him on a daily basis
from January or February 2007 to May 2008, when plaintiff left
his employment for unrelated reasons, thereby creating a hostile
work environment in violation of N.J.S.A. 10:5-12a.
The trial court held that admitted anti-Semitic slurs uttered were not actionable because New Jersey did not recognize a cause of action premised upon perceived membership in a protected group other than disabled persons.
In this case the defendants denied that they made anti-Semitic slurs. However through discovery a DVD was discovered that had the video of rather for flagrant use of anti-Semitic slurs against the plaintiff.
The court analyzed the issue and explained as follows:
A Jewish plaintiff alleging an anti-Semitic hostile work
environment in violation of the LAD "must demonstrate that the
defendant's 'conduct (1) would not have occurred but for the
employee's [Judaism]; and [the conduct] was (2) severe or
pervasive enough to make a (3) reasonable [Jew] believe that (4)
the conditions of employment are altered and the working
environment is hostile or abusive.'" Taylor v. Metzger, 152
N.J. 490, 498 (1998) (quoting Lehmann v. Toys 'R' Us, 132 N.J.
587, 603-04 (1993)). In determining whether the conduct is
"severe or pervasive," the Court has held that "it is the
harassing conduct" that must be severe or pervasive, not its
effect on the plaintiff or on the work environment. Lehmann,
supra, 132 N.J. at 606 (citing Ellison v. Brady, 924 F.2d 872,
878 (9th Cir. 1991)).
Our courts have permitted claims of violation of the New Jersey law against discrimination for persons who were discriminated against because they had a perceived disability although they did not in fact have that disability. This case appears to expand the claim for perceived discrimination to all classifications of persons in all protected classes. In this case the court found that there can be a cause of action because a person is perceived to be Jewish and he is being discriminated against and suffering anti-Semitic comments and being subjected to a hostile work environment.
If you believe you have been discriminated against in the workplace and leader suffered exposure to a hostile work environment or had negative job actions or lost your job as a result of it please call our office for consult.
We are pleased to announce that we have been renovating our offices to expand the lower floor of our office and add new conference rooms and new offices. They will be available