No Adverse Action? No Problem: NJ Supreme Court Removes Hurdle for Employees in LAD Claims
No harm, no foul often used to be the argument of certain employers, as part of their defense to failure-to-accommodate claims. In other words, if there was no adverse job action that came as a result of a failure to accommodate, the failure to accommodate claim was non-existent.
The New Jersey Supreme Court, however, ruled unanimously on June 8, 2021, in Richter v. Oakland Bd. of Educ., (A-23-19) (083273), that an adverse...