Employers ‘Lessons from the NJ Judges’ Disability Decision

Law360 (July 13, 2021, 4:32 p.m. EDT) – In Richter v. Oakland Board of Education,[1] the New Jersey Supreme Court ruled in June that in order to establish a prima facie case of non-fit of a disability under the New Jersey Anti-Discrimination Act, or LAD, a claimant need not rely on adverse employment action such as termination or demotion.

Inaction, silence or an inadequate employer response to a request for reasonable accommodation is sufficient.

Further, the court ruled that a claimant who recovers under the New Jersey workers’ compensation law for work-related injuries is not precluded by the WCA’s exclusive remedy provision from bringing an action for damages under the FDA …

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