Supreme Court Refuses to Resolve Whether Adverse Action Necessary to Establish Failure to Accommodate Claim

Victor v. State of New Jersey, No. A-2-09 (N.J., September 13, 2010) – The New Jersey Supreme Court declined the opportunity to decide whether the New Jersey Law Against Discrimination (LAD) permits a failure to accommodate claim absent proof of any adverse employment action. After noting that the purpose and history of the LAD support an expansive view of protecting employees’ rights in the workplace, the court theorized that if a denial of an accommodation has the effect of creating a hostile work environment, proving an adverse employment action may be unnecessary to state a failure to accommodate claim. However, the court decided to resolve the matter on other grounds, expressly declining to resolve the novel issue. As a result, it appears that prior Appellate Division cases – which require an employee to prove an adverse employment action as part of a failure to accommodate case – remain the law for now.