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• 07.11.2025NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the liberal enforcement of arbitration clauses required under federal law. The plaintiff, Gerald Fazio Jr., is a quadriplegic man who had difficulty breathing, rendering him unable to wear a mask. He sued Altice for disability discrimination after Altice would not allow him into a store for not wearing a mask during the COVID-19 pandemic.
• 06.22.2021NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish that she suffered an adverse employment action in addition to demonstrating her employer’s inaction in failing to reasonably accommodate her disability.
• 12.02.2019New Jersey Supreme Court to Decide Whether Absence of Adverse Employment Decision is Fatal to Failure to Accommodate Claim The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, where the Appellate Division found that an employee alleging disability discrimination under a failure to accommodate theory does not have to show that he or she suffered a tangible adverse employment action.
• 07.11.2019When Inaction is Enough: Appeals Court Holds that Adverse Employment Action Not Essential Element of Failure to Accommodate Claim
• 03.22.2017Jennifer Roselle and Brigette Eagan Present Seminar for New Jersey State League of Municipalities
• 07.19.2016Appellate Division Finds c.78 Health Benefits Contributions Requirements Do Not Apply to Public Sector Disability Retirees