A recent ruling from the New Jersey Supreme Court represents a very positive, and very crucial, clarification of an element of disability discrimination law in this state. Going forward, employees whose employers improperly failed to accommodate their disabilities can be confident that they do not need proof of a separate adverse employment action to win their cases. Now more than ever, if your employer failed to accommodate your disability, you should take aggressive action and seek out a knowledgeable New Jersey disability discrimination lawyer right away.
M.R., the employee in the case the Supreme Court recently addressed, was a middle school science teacher with type I diabetes. At the start of the 2012-13 school year, she received a schedule she considered problematic. The schedule called for her lunch break to start at 1:05 pm. She asked her principal for an earlier lunch period, fearing that such a late lunch could cause her blood sugar problems. Her schedule was not changed.
One day in March 2013, the teacher suffered a diabetes-induced medical trauma during her last class before lunch. She experienced a seizure and became unconscious. In the related fall, she hit her head on a table and bled extensively.