The New Jersey Supreme Court docket dominated Tuesday that the state’s unique treatment provision in staff compensation legislation doesn’t bar a college district from being sued for allegedly failing to accommodate a diabetic instructor who fell at work as a result of a late lunch schedule triggered her to endure from low blood sugar.
Mary Richter skilled a hypoglycemic occasion in a classroom, struggling critical and everlasting life-altering accidents when she fainted and hit her head on a science laboratory desk, in line with paperwork in Richter v. Oakland Board of Schooling, filed in Trenton.
Ms. Richter sued the varsity district below the state Regulation Towards Discrimination, saying that “within the months main as much as the incident, she repeatedly requested her faculty principal to alter her schedule of educating and cafeteria monitoring so she might handle her blood sugar ranges by having her lunch earlier within the day, however he didn’t accommodate her request,” paperwork state.
The college district moved for a abstract judgment on a variety of grounds, which two movement judges and later an appellate court docket denied.
On additional attraction the district argued that Ms. Richter was required to determine an opposed employment motion — equivalent to a demotion or termination — to have the ability to proceed with a failure-to-accommodate incapacity declare. The New Jersey Supreme Court docket held that an opposed employment motion shouldn’t be a required component for a failure-to-accommodate declare below the Regulation Towards Discrimination.
A second difficulty raised on attraction was that the declare was barred by the unique treatment provision as a result of Ms. Richter obtained staff comp advantages.
The Supreme Court docket concluded that Ms. Richter’s discrimination declare was based mostly on the varsity district’s “alleged failure to accommodate her pre-existing diabetic situation” and thus was not barred by unique treatment.