Andrew S. Berns Mentioned In Law360 Article, “5 Ways NJ Employers Unknowingly Invite Bias Suits”October 8, 2019
As seen on Law360.com on October 4, 2019.
A published New Jersey appeals court decision creating more avenues for disabled employees to bring bias claims has put employers on notice they may be unknowingly discriminating against workers by not providing certain accommodations, experts say.
All policies, including disability accommodations, should be applied uniformly in the workplace, according to Berns. Failure to do so is another way employers can find themselves in court.
“If applied less than uniformly and one employee feels the policy is being applied disparately, the treatment could be construed as discriminatory, even if the policy is inherently neutral,” said Berns, who is chair of Einhorn Barbarito’s commercial litigation and employment practices.
One example he offered would be accommodating a sight-impaired employee by having them work in a well-lit work area while a hearing-impaired worker goes without sound-amplification equipment.
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