News & Analysis as of

Dismissals Employer Liability Issues Failure to Accommodate

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

Genova Burns LLC

NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims

Genova Burns LLC on

On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish...more

Genova Burns LLC

New Jersey Supreme Court to Decide Whether Absence of Adverse Employment Decision is Fatal to Failure to Accommodate Claim

Genova Burns LLC on

The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, 459 N.J. Super. 400 (App. Div. 2019). As we described in the August 2009 New...more

Maynard Nexsen

Fear Not: Employees’ Phobias May Not Relieve Them of Essential Job Duties

Maynard Nexsen on

From agoraphobia to xenophobia, employers should be well aware that there is a long list of phobias—including more common disorders such as social anxiety disorder—that can be considered disabilities under the Americans with...more

Obermayer Rebmann Maxwell & Hippel LLP

Be Careful With That! – Second Circuit Dismisses Failure to Accommodate Claim Brought by “Needle Phobic” Pharmacist

On March 21, 2017, the Second Circuit affirmed the dismissal of a former Rite Aid pharmacist’s claim against Rite Aid for refusing to accommodate his “needle phobia.” In 2011, Rite Aid altered the job description for its...more

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