Articles Posted in Disability Discrimination

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.
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