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NJ Supreme Court Rules Adverse Employment Action Not Required for LAD Claim

NJ Supreme Court Rules Adverse Employment Action Not Required for LAD Claim

Author: Jorge R. de ArmasDate: August 4, 2021

An adverse employment action isn't necessary to support a failure-to-accommodate claim under the New Jersey Law Against Discrimination (LAD), according to a recent decision by the state’s highest court. In Mary Richter v. Oakland Board of Education et al., the Supreme Court of New Jersey held that a diabetic teacher who suffered injuries after her blood sugar dropped on the job may pursue her disability discrimination claim against her employer without demonstrating that she suffered an adverse employment action.

Plaintiff Mary Richter, a middle school teacher who suffers from diabetes, alleged she fainted while teaching due to low blood sugar levels when she was unable to eat lunch at an earlier class period and suffered significant and permanent injuries. She further contended that the accident would not have occurred had the Oakland Board of Education (the Board) and her school’s principal, Gregg Desiderio, granted her accommodation request to eat lunch earlier. 

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