Successful defense of discrimination case before the New Jersey Appellate Division.
The plaintiff filed suit against her employer, a governmental agency, alleging she was subject to discrimination under the New Jersey Law Against Discrimination (NJLAD) based upon her disability and that she was subject to retaliation for filing a previous discrimination suit. She further asserted aiding-and-abetting claims against fellow employees. The case was dismissed via summary judgment, and the plaintiff appealed. The Appellate Division accepted our argument that the failure to move the plaintiff to a position she desired did not constitute an adverse employment action or failure to accommodate as she suffered no adverse effect on her salary or benefits, and did not materially alter her working conditions. Further, the court addressed concerns the plaintiff’s physician had expressed when she sought the accommodation, even though she was not transferred to a position in which she preferred to work, and agreed the claims were properly rejected by the trial Judge.