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State Employment Law Articles
Report Link NJ Law against Discrimination Claim Fails Where Plaintiff Was Not “Otherwise Qualified” to Perform the Essential Functions of Her Job.Ogletree Deakins - January 20, 2009 A federal district court in New Jersey recently granted summary judgment on a plaintiff’s disability claim brought under the New Jersey Law Against Discrimination (LAD), where the plaintiff’s physician stated “not only could [she] not work at her job … she couldn’t be with people. Report Link Patient Awarded $400K by New Jersey Jury for Lack of Sign Language Interpreter at Medical Treatments.Jackson Lewis LLP - October 24, 2008 A Hudson County, New Jersey, jury has held that a physician violated the federal Americans with Disabilities Act (“ADA”) and the New Jersey Law Against Discrimination (“LAD”) in failing to provide a deaf patient with an interpreter. Following a three-week trial, the Hudson County jury awarded the patient $400,000, including $200,000 in punitive damages. Report Link New Jersey Supreme Court Clarifies that Essential Job Functions Shape the Duty of Reasonable Accommodation and Light Duty Need Not Be Made Permanent.Littler Mendelson, P.C. - July 06, 2007 As many New Jersey employers know, the New Jersey Law Against Discrimination (LAD) imposes a nebulous "duty of reasonable accommodation" on employers with regard to their treatment of allegedly handicapped or disabled employees. Similar to that imposed under its federal counterpart, the Americans with Disabilities Act, this duty is highly fact-sensitive in its application, often rendering its parameters difficult to discern. On June 12, 2007, in Raspa v. Office of the Sheriff of the County of Gloucester, the New Jersey Supreme Court finally provided some much needed clarification on the scope and application of this duty. Report Link N.J. Supreme Court Clarifies Employer's Obligation to Offer Light Duty as a Reasonable Accommodation.Ogletree Deakins - June 15, 2007 Yesterday, the New Jersey Supreme Court issued its most definitive decision to date on the issue of reasonable accommodation of disabled employees under the New Jersey Law Against Discrimination (LAD). In Raspa v. Office of the Sheriff of the County of Gloucester, A-53-06 (June 12, 2007), the Court held that: (1) if the employee cannot perform the essential functions of the position he seeks or holds, the employer may lawfully terminate his employment; (2) the employer is not obligated to create a new position for an employee as a reasonable accommodation, nor to maintain an employee on permanent light duty; and (3) even where an employer has allowed an employee to be on light duty for an extended period of time, such action does not create an obligation to maintain the light duty assignment indefinitely.
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Count and Sub-TopicsArticles Found: 4SUBTOPICS Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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