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State Employment Law Articles
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: 2NO SUBTOPICSEmployment Law Seminars
Successfully Navigating the Bermuda Triangle of Time Away from Work
Atlanta
2008-10-8 Jackson Lewis LLPFast Forward: Staying Ahead of Emerging Employment IssuesMinnetonka
October 8, 2008 Ford & HarrisonGuidance on the Newly FMLA RegulationsMarion
October 8, 2008 Baker DonelsonElections 2008: Challenges & Opportunities for EmployersBIRMINGHAM
October 9, 2008 ConstangyEmployee Free Choice Act: More Than Just a Misleading Name.Birmingham
October 10, 2008 Littler43rd Annual Midwest Labor and Employment Law Seminar on October 12-13, 2008Easton
October 12, 2008 Baker HostetlerReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
October 14, 2008 Ballard RosenbergThe 2008 Nevada Employer: RenoReno
October 14, 2008 LittlerSouth Carolina's Immigration Law, I-9 & E-Verify Breakfast BriefingSpartanburg
October 14, 2008 Ford & HarrisonEmployment Law WorkshopLa Jolla
October 14, 2008 Fisher & Phillips |
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