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Here’s the thing.
When a plaintiff asserts a disability discrimination claim against a current or former employer, one of the elements of the claim is establishing … wait for it … a disability. It’s critical.
Even in an employee-friendly state like New Jersey.
I read a New Jersey appellate court decision last night where the plaintiff claimed his disability motivated his former employer to deny him an accommodation and ultimately end his employment. At the trial court, the employer moved for summary judgment. Following oral argument, the motion court denied the motion and concluded there were genuine issues
