Absence of adverse employment decision is not fatal to failure-to-accommodate claims.

We are extremely pleased with the New Jersey Supreme Court’s 7-0 decision in Richter v. Oakland Board of Education. In this failure-to-accommodate employment action, the Court held that an adverse employment action is not a required element for a failure-to-accommodate claim under the New Jersey Law Against Discrimination (“LAD”). Moreover, the decision provides that Plaintiff’s LAD claim based on defendants’ alleged failure to accommodate her pre-existing diabetic condition is not barred by the Worker’s Compensation Act, and Plaintiff need not filter her claim through the required showings of the ‘intentional wrong exception” to the Worker’s Compensation Act. The Richter decision is a true victory for victims of discrimination and particularly those with claims for failure to accommodate under the LAD.

We are proud and grateful that the New Jersey Association for Justice selected Ben Folkman and Folkman Law to draft and argue as amicus curiae in this case.