News & Analysis as of

NJ Supreme Court Disability Discrimination

Fox Rothschild LLP

NJ Supreme Court Applies Law Against Discrimination to Emotional Support Animal Use in Housing

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Requests by a resident to have an emotional support animal that would violate a housing unit’s occupancy agreement must be analyzed under the New Jersey Law Against Discrimination, the New Jersey Supreme Court has ruled. As...more

White and Williams LLP

A Midsummer Night’s Reflection…

As an employment attorney for more than 30 years, I have seen a lot of change. Changes in the legal system, changes in the law and changes in the types of claims that employees can assert against their employers (or even...more

Genova Burns LLC

NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims

Genova Burns LLC on

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...more

Flaster Greenberg PC

Supreme Court of NJ Affirms Employee May State A Claim for Reasonable Accommodation for Medical Cannabis Use

Flaster Greenberg PC on

You may recall, in 2019, this blog post reported New Jersey’s Appellate Division joined courts that found an employee may be able to state a disability discrimination claim against an employer who takes an adverse employment...more

Steptoe & Johnson PLLC

Failed Drug Test Not Enough to Dismiss Claim of Disability Discrimination in New Jersey

Steptoe & Johnson PLLC on

Employers may need to reevaluate their response to an employee’s failed drug test following a recent decision from the Supreme Court of New Jersey. A certified medical marijuana user was terminated after testing positive...more

Saul Ewing LLP

New Jersey Supreme Court Issues Final Say on Workplace Protections for Employee Medical Cannabis Use

Saul Ewing LLP on

On Tuesday, March 10th, the New Jersey Supreme Court issued its much anticipated decision in Wild v. Carriage Funeral Holdings, Inc., et al.,(A-91-18) (082836), affirming that a medical cannabis patient can assert a claim for...more

Genova Burns LLC

New Jersey Supreme Court to Decide Whether Absence of Adverse Employment Decision is Fatal to Failure to Accommodate Claim

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The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, 459 N.J. Super. 400 (App. Div. 2019). As we described in the August 2009 New...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

K&L Gates LLP on

In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Can’t Contractually Shorten Time For Filing Claims Under N.J. Law Against Discrimination

Last week the New Jersey Supreme Court issued its long-awaited decision in Rodriguez v. Raymours Furniture Co., Inc., ruling that the two-year statute of limitations for filing a lawsuit alleging violations of the New Jersey...more

FordHarrison

New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules...

FordHarrison on

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are...more

Genova Burns LLC

Please, Take Your Time: NJ Supreme Court Voids Contracts That Limit Workers’ Time to Sue

Genova Burns LLC on

On June 15, 2016, the New Jersey Supreme Court issued its long-awaited decision in Sergio Rodriguez v. Raymours Furniture Company, Inc., in which it addressed whether the two-year statute of limitations under the New Jersey...more

Seyfarth Shaw LLP

Somebody Call a Doctor!…. As a Treating Physician or Expert?

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Seyfarth Synopsis: The New Jersey Supreme Court has recently held that a treating physician, who has not been designated as an expert witness, is permitted to testify as to whether a plaintiff’s medical condition qualifies as...more

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