DiNardo v. Medco Health Solutions, Inc., et al, 2016 U.S. Dist. LEXIS 67866 (D.N.J., May 24, 2016)

NJLAD requires employer to engage in interactive process as part of accommodation obligation.

The plaintiff, a power equipment operator, became ill and was out of work for over six months. While on leave, he exhausted his FMLA leave and his short-term disability. When the plaintiff was released to return to work, he was notified that his position no longer existed and that he was terminated. The plaintiff alleged that his termination violated the NJLAD and constituted disability discrimination since Medco had failed to accommodate his disability by extending his leave time. In denying Medco’s motion for summary judgment, District Judge Rodriquez held that a question of fact existed of whether Medco engaged in the interactive process and could have accommodated the plaintiff’s extended leave request.

Case Law Alerts, 3rd Quarter, July 2016

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