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New Jersey Statutes, Title: 34, LABOR AND WORKMEN'S COMPENSATION

    Chapter 6b: Smoking, use of tobacco products shall not affect employment

      Section: 34:6b-3: Aggrieved person may institute civil action

           3. Upon a violation of any provision of this act, an aggrieved person may, in addition to any other available remedy, institute civil action in a court of competent jurisdiction, within one year from the date of the alleged violation, for relief as follows:

a. With respect to a prospective employee, the court may:



(1) order injunctive relief as it deems appropriate;



(2) award compensatory and consequential damages incurred by the prospective employee as a result of the violation; or

(3) award reasonable attorneys' fees and court costs.



b. With respect to an employee or former employee, the court may:



(1) order injunctive relief as it deems appropriate, including reinstatement of the employee to the same position held before the violation or the position the employee would have held but for the violation, as well as the reinstatement of full fringe benefits and seniority rights;

(2) award compensatory and consequential damages incurred by the employee or former employee as a result of the violation, including compensation for lost wages, benefits and other remuneration; or

(3) award reasonable attorneys' fees and court costs.



L.1991,c.207,s.3.



This section added to the Rutgers Database: 2012-09-26 13:37:50.






Older versions of 34:6b-3 (if available):



Court decisions that cite this statute: CLICK HERE.