In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held that the plaintiff failed to show through expert medical evidence that her disability required that her preferred accommodation be granted or that the defendant’s proposed accommodations were unreasonable. Thus, the court reaffirmed that the LAD does not give plaintiffs the right to demand a particular accommodation and employers have the ultimate discretion to choose between accommodations so long as they are reasonable. Wojtkowiak v. New Jersey Motor Vehicle Commission, et. al., A-5341-12T4 (January 2, 2015).

Author


Browse More Insights

A deaf man with his back turned
Practice Group

Disability Access

The lawyers in Ogletree Deakins’ Disability Access Practice Group have extensive experience helping their clients face the multiple challenges presented by Title III of the Americans with Disabilities Act (ADA) and other disability access laws. From defending class actions, to ensuring compliance with federal and state building standards-thereby eliminating the conditions that lead to litigation-to navigating the complicated regulations covering service animals, hotel reservations, ticketing, and Segways, our work is comprehensive.

Learn more
Practice Group

Employment Law

Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

Learn more

Sign up to receive emails about new developments and upcoming programs.

Sign Up Now