MARY RICHTER, PLAINTIFF-RESPONDENT, v. OAKLAND BOARD OF EDUCATION, DEFENDANT-APPELLANT, AND GREGG DESIDERIO, INDIVIDUALLY AND AS PRINCIPAL OF THE VALLEY MIDDLE SCHOOL, DEFENDANT-APPELLANT., 246 N.J. 507


Summary

HOLDINGS: [1]-The intermediate appellate court correctly concluded that the teacher's pleading was sufficient under the Law Against Discrimination (LAD), N.J.S.A. §§ 10:5-1 to 10:5-49, because an adverse employment action was not a required element for a failure-to-accommodate claim under the LAD; [2]-The Worker's Compensation Act (WCA), N.J.S.A. § 34:15-12, did not bar the teacher's failure to accommodate claim because the teacher's pre-existing type 1 diabetes was meant to be protected by the LAD's disability discrimination prohibitions, N.J.S.A. § 10:5-8, the claim was not duplicative of the type of claim whose redress was secured through the WCA, and, therefore, the LAD claim should not be regarded as subordinate to the WCA's exclusive remedy feature.