The Resnick Law Group’s founding partner, Gerald Jay Resnick, argued the pivotal case of Richter v. Oakland Board of Education before the New Jersey Supreme Court in September 2020. This landmark decision unanimously expanded the rights of employees who are disabled and face denial of a workplace accommodation . On November 20, 2025, Mr. Resnick will be giving a featured presentation at the upcoming New Jersey Association for Justice Meadowlands Seminar® 2025, where he will discuss the far-reaching impact of the decision effecting employees and employers across the state.
The Significance of Richter for New Jersey Employees
The Richter decision clarified two critical points under the New Jersey Law Against Discrimination (LAD). First, the Court held that an employee does not need to show an adverse employment action (like being fired or demoted) to bring a failure to accommodate claim. The New Jersey Supreme Court made it clear that the failure to provide a reasonable accommodation can be an actionable harm. The Court’s opinion powerfully recognizes the harm done to disabled employees who are not accommodated and forced to work in pain or under difficult conditions. It affirmed that the LAD protects workers who are compelled to “soldier on” without the accommodations to which they are legally entitled. This precedent ensures that workers can seek justice without having to wait until they are fired or face other retaliatory measures.
The Court also confirmed that an employee who faces physical injury or further impairment because of an employer’s failure to accommodate their disability can recover damages for those injuries under the LAD. Before this ruling, many employees were limited to the remedies available through only a workers’ compensation claim. The Court affirmed that the exclusivity of the worker’s compensation law does not bar an employee from recovering damages under the LAD. This ruling opened the door to allow an employee to recover for physical injuries, complications or impairments, caused by the employer’s failure to accommodate the employee.
Mr. Gerald Resnick’s Expertise
Mr. Resnick has practiced law since 1979 and has focused on employment and discrimination cases since 1985. He has significant experience in all aspects of employment law including discrimination, harassment, failure to accommodate, employment contracts and severance agreements, wage and hour cases, retaliation and whistleblower claims, and family and medical leave claims.
To help lawyers across the state understand the full impact of the Richter decision on New Jersey Employment Law, Mr. Resnick will be speaking at the Meadowlands Seminar, with the hope that a deeper understanding of the law in this area will lead to further protections for disabled employees.
If your employer has failed to accommodate your disability or you have been the victim of other forms of workplace discrimination, it is important that you speak with an experienced employment attorney. Please contact the attorneys at Resnick Law Group today at (973) 781-1204 to schedule a consultation.