Roy M. Victor v. State of New Jersey (A-2-09) 9-13-10
The Court concurs in the Appellate Division’s judgment
that the verdict must be reversed and the matter
remanded for a new trial. The Court does so because,
regardless of whether or not there is room in the Law
Against Discrimination’s strong protective embrace of
persons with disabilities to recognize that there may
be circumstances in which a failure to accommodate in
and of itself gives rise to a cause of action, this
plaintiff’s claim for failure to accommodate cannot
meet the proofs required on his prima facie case.
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