(l-r) Gerald Resnick, Andrew Dwyer, Benjamin Folkman, and Kevin Costello weigh in on significance of Richter decision. Courtesy photos NJ Justices' 7-0 Ruling on Diabetic School Teacher Who Collapsed 'Significant' to Employment Lawyers
"Until this decision, there were certain employers who maintained, as part of their defense to failure-to-accommodate claims, that as long as there was no adverse job action that came as a result of a failure to accommodate, the failure to accommodate essentially disappears," Kevin Costello, a partner at Costello & Mains in Mount Laurel, said. "It was the 'no harm, no foul' argument. This decision puts that argument to bed forever."
June 18, 2021 at 01:44 PM
10 minute read
It's a ruling that employment and civil rights attorneys hail as a decisive victory for employees, and one that sends a clear message to employers that a request for a reasonable accommodation should never be ignored or dismissed.
In Richter v. Oakland Board of Education, the New Jersey Supreme Court ruled unanimously on June 8 to uphold an Appellate Division ruling in favor of plaintiff Mary Richter that an adverse employment action is not a required element for a failure-to-accommodate claim under the state's Law Against Discrimination.
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