Adverse Employment Action is Not Required To Establish a Failure To Accommodate Claim Under the NJLAD and Subsequent Bodily Injury Claim is Not Barred By the Workers’ Compensation Act
By EsqSocial Corporation 15/06/21
Following our prior client alert published while this matter was before Appellate Division, the New Jersey Supreme Court has now weighed-in, in Richter v. Oakland Board of Education. On June 8, 2021, the Court formally held that an “adverse employment action” is not a required element for a failure to accommodate claim. The Court also concluded that an employer’s inaction, silence, or inadequate response to a reasonable accommodation request is an omission that can give rise to causes of...
By: Bressler, Amery & Ross, P.C.