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.
Recommended Reading
National Labor Relations Board Full Of Drama – Courts Strike Down Controversial Rules And One Member Resigns
In the last several months, two courts handed down employer-friendly decisions invalidating (or at least delaying) the implementation of new rules instituted by the National Labor Relations Board (NLRB). One decision involved the so called “quickie election” or “ambush election” rules. The other decision addressed the notice posting rule. A summary of these key decisions follows, in addition to discussions of Board Member Terence Flynn’s resignation and the NLRB’s recently released report on social media policies.
USCIS New Policy Shuts Down STEM OPT Training at Third Party Sites
The extension of the Optional Practical Training (OPT) program for international students with degrees in science, technology, engineering, and mathematics (STEM) allows eligible students to apply to extend their post-completion OPT authorization. Under the 2008 interim final rule, an F-1 student with a STEM degree from a U.S. institution of higher education could apply for an additional 17 months of OPT (per the 17-month STEM OPT extension), provided that the employer from which the student sought employment was enrolled in and remained in good standing in the E-Verify electronic employment eligibility verification program, as determined by U.S. Citizenship and Immigration Services (USCIS).
New Jersey Employment Posters Updated, Yet Again
The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected categories, and also removes any reference to the Jersey City and Paterson branch offices of the NJDCR, both of which closed (and merged into the Newark office).