Richter v. Oakland Bd. of Educ.

Plaintiff, a longtime type 1 diabetic and teacher, experienced a hypoglycemic event in a classroom. She sustained serious and permanent life-altering injuries. Plaintiff sued under the Law Against Discrimination (LAD), alleging that her employer failed to accommodate her pre-existing disability. The NJ Supreme Court addressed two issues and held: (1) an adverse employment action is not a required element for a failure-to-accommodate claim under the LAD; and (2) though she recovered workers’ compensation benefits, Plaintiff’s LAD claim based on Defendants’ alleged failure to accommodate her pre-existing diabetic condition was not barred by the “exclusive remedy provision” of the Worker’s Compensation Act.

Richter