Retaliation

The New Jersey Division on Civil Rights (“DCR”) recently announced that a Bergen County school district has agreed to pay $90,000 to settle claims that it failed to reasonably accommodate a former employee’s disability and then retaliated against her for her complaint of disability discrimination.

Maria Osnowitz was a teacher’s aide for the West New York Board of Education. She suffers from knee injuries that impair her mobility. For the most part, she utilizes a motorized wheelchair or scooter to get around. When walking is necessary, she utilizes two canes.

In her first DCR Complaint, Ms. Osnowitz alleged that West New York Board of Education failed to reasonably accommodate her disability. Specifically, she alleged that, because of her disability, she requested to park her car in a covered parking area close to the entrance of the school where she worked, but that the school principal refused to allow her to do so. In addition, she alleged that the school repeatedly held meetings — and required her attendance — at locations that were not wheelchair-accessible. She further alleged that she requested that the meeting locations be changed, but that the school refused to do so.
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On March 29, 2012, the Appellate Division held, in Cole v. Jersey City Medical Center, et al., A-4914-09T1 (N.J. App. Div. Mar. 29, 2012), that an employer, Liberty Anesthesia Associates, LLC (“Liberty”), was equitably estopped from enforcing an arbitration clause contained in an employment contract. Because Liberty actively participated in the litigation — and opted to wait until three days before trial to first invoke the arbitration clause — the Court reasoned that Liberty had “voluntarily and intentionally decided to relinquish its right to arbitration as a forum to adjudicate plaintiff’s claims as a matter of litigation strategy.” Plaintiff, who is represented by New Jersey employment lawyers at the Resnick Law Group, will indeed have her day in court on her claims that the wrongful termination of her employment as a nurse anesthetist violated the Conscientious Employee Protection Act (“CEPA”) and the New Jersey Law Against Discrimination (“LAD”).
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Articles Posted in Retaliation

New Jersey Public School District Pays to Settle Disability Discrimination and Retaliation Claims

A Resnick Law Group Victory: Last Minute Arbitration Will Not Be Upheld in New Jersey