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• 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.
• 04.12.2021Doubling Down on the FAA: NJ District Court Strikes Down the NJLAD’s Prohibition Against Arbitration Earlier this year, in a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp. held that the amendment to the New Jersey Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act (FAA). In its decision on March 25, 2021 in New Jersey Civil Justice Institute v. Grewal, the United States District Court followed suit and enjoined the State AG from enforcing Section 12.7 of the NJLAD that would invalidate arbitration agreements between employers and employees. This decision represents a significant victory for employers on the enforceability of arbitration agreements in harassment, discrimination and retaliation cases in New Jersey.
• 03.08.2021FAA Trumps NJLAD: NJ Superior Court Upholds Employer’s Arbitration Agreement in NJLAD Case In a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp., found that a former employee’s claims brought under the New Jersey Law Against Discrimination were subject to the arbitration agreement that she signed when she was first hired. The Court further held that the recent amendment to the Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act.
• 04.29.2020When an Employee Refuses to “Play Ball” On April 14, 2020, in a published decision, the New Jersey Appellate Division in Rios v. Meadowlands Hospital Medical Center, held that a plaintiff who alleged he was retaliated against by his employer in connection with the defense of a co-worker’s lawsuit does not have to first demonstrate that his co-worker had a good faith basis for bringing her suit as a prerequisite to his retaliation claim.
• 02.27.2020A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s Employee A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division ruled last month in Dorrity v. Wakefern Food Corporation.
• 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
• 03.15.2019Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right