The New Jersey Law Against Discrimination (“LAD”) can require a condominium association to allow a resident to keep an emotional support dog as an accommodation for a disability even if the dog exceeds the association’s weight limit for pets. K.P. and B.F. live at Players Place II, a condominium complex…
Articles Posted in Reasonable Accommodations
New Jersey Court Analyzes Time Off as Reasonable Accommodation for Disability
Under the New Jersey Law Against Discrimination (“LAD”), time off can be a reasonable accommodation for a disability as long as the time off sought is reasonable. A recent decision from the District of New Jersey provides a good example of how Courts analyze this issue at the early stage…
Supreme Court Makes it Easier to Receive Accommodations for Religious Beliefs
Last month, the United States Supreme Court made it easier for employees to prove a claim that their employer failed to accommodate an employee’s religious beliefs under Title VII of the Civil Rights Act of 1964. Gerald Groff worked for the United States Postal Service (“USPS”). Mr. Groff is an…
New Jersey Law Against Discrimination Permits Punitive Damages Against State and the Local Government
Earlier this month, in Pritchett v. State, the New Jersey Supreme Court confirmed that the state of New Jersey and municipalities remain subject to punitive damages under the New Jersey Law Against Discrimination (“LAD”). Shelley Pritchett worked for the State of New Jersey as a Senior Corrections Officer at the…
New Jersey Supreme Court Finds Adverse Action Not Required for Failure to Accommodate Claim
Today, the New Jersey Supreme Court ruled that an employee does not need to suffer an adverse employment action to win a claim based on the employer’s failure to accommodate her disability under the New Jersey Law Against Discrimination (“LAD”). Mary Richter is a teacher for the Oakland Board of…
Employer Liable for Injury Caused by Failure to Accommodate Employee’s Disability
The New Jersey Law Against Discrimination (“LAD”) requires employers to provide reasonable accommodations to disabled employees to permit them to be able to continue to perform their jobs. Ordinarily, an employee who brings a discrimination case under the LAD has to prove the discrimination led to an adverse employment action…
Prison Guard Cannot Wear Khimar as Accommodation for Religious Belief
A recent published opinion from the New Jersey Appellate Division recognizes that although the New Jersey Law Against Discrimination (“LAD”) requires employers to provide reasonable accommodations for employees’ sincerely held religious belief, that requirement does not apply when the accommodation would impose an undue hardship on the employer. Linda Tisby…
Employer Must Provide Job Description So Employee Can Assess Need for Reasonable Accommodation
A recent case out of the District of New Jersey provides a good example both of an employee’s right to a reasonable accommodation for her disability, and the employer’s obligations once an employee requests one. Penelope Bertolotti worked for AutoZone, Inc. in its human resources department. Ms. Bertolotti suffers from…
No Expert Report Required for Doctor to Testify About Employee’s Disability
New Jersey’s Appellate Division recently ruled that a treating physician can testify about an employee’s disability without submitting an expert report. Normally, a witness who is going to provide an expert opinion is required to submit a formal report explaining his or her opinions prior to the trial. Patricia Del…
Court Takes Surprising Turns in Reasonable Accommodation/FMLA Case
A recent decision by the New Jersey District Court addressed important issues regarding retaliation following an employee’s request for a reasonable accommodation and time off under the Family and Medical Leave Act (“FMLA”). In Boles v. Wal-Mart Stores, Inc., plaintiff Barry Boles worked for Wal-Mart Stores, Inc. for approximately ten…