Zack v. State of New Jersey, 2012 WL 832611 (App. Div. Mar. 14, 2012): In a welcome result for employers that earnestly work to reasonably accommodate disabled employees, the Appellate Division has affirmed the dismissal of a former employee’s NJLAD disability claim because the employer diligently investigated the employee’s requests and implemented numerous accommodations that responded to most, if not all, of the employee’s specific needs. The employee, who suffered from post-concussion syndrome accompanied by a hypersensitivity to light and certain odors, requested her workstation be relocated and retrofitted to provide an optimum environment to accommodate her sensitivity to light. The employer granted these requests and had other co-workers adjust their work environment and personal grooming habits to accommodate the plaintiff’s sensitivity to perfumes. Although not every request by the employee was accommodated – they refused to raise the height of the employee’s cubicle to eight or nine feet (to reduce brightness of the overhead lights) – the Appellate Division held that the employer’s good faith efforts and interactions with the plaintiff were sufficient to defeat her claim that she was denied a reasonable accommodation.
Court Holds Obligation Arises Even Without A Request To Do So The Americans with Disabilities Act (ADA) requires that employers engage in an “interactive process” with employees to determine whether an employee’s disability can be reasonably accommodated. A federal appellate court recently held that an employer failed to engage in this process when it did
Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015.
Illinois contractors should retain all construction documents for at least 16 years from the close of projects. A direct plaintiff claiming construction design or workmanship errors must file suit within four years from discovering the cause of action. 735 ILCS 5/13-214(a) (West 2009). However, a plaintiff has 10 years in which to make the discovery. 735 ILCS 5/13-214(b) (West 2009). Consequently, the limitations period for a direct action in Illinois could be as much as 14 years.