VICTOR v. STATE

A-2 September Term 2009.

4 A.3d 126 (2010)

203 N.J. 383

Roy M. VICTOR, Plaintiff-Appellant, v. STATE of New Jersey, New Jersey State Police, Sgt. Eric Estok, Dr. Donald Izzi, Capt. Salvatore Maggio, and Lt. Paul Wagner, Defendants-Respondents.

Supreme Court of New Jersey.

Decided September 13, 2010.


Attorney(s) appearing for the Case

Eldridge Hawkins , East Orange, argued the cause for appellant.

Vincent J. Rizzo, Jr. , Deputy Attorney General, argued the cause for respondents ( Anne Milgram , Attorney of New Jersey, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel).

Glen D. Savits , Morristown, submitted a brief on behalf of amicus curiae AARP (Green Savits & Lenzo, attorneys; Mr. Savits and Daniel B. Kohrman , a member of the District of Columbia bar, of counsel and on the brief).

Andrew Dwyer , Newark, submitted a brief on behalf of amicus curiae National Employment Lawyers Association of New Jersey (The Dwyer Law Firm, attorneys).


Justice HOENS delivered the opinion of the Court.

In this appeal the Court is asked to consider whether an adverse employment consequence is an essential element of a plaintiff's claim that his employer discriminated against him by failing to accommodate his disability. The trial court concluded that the failure to accommodate was itself an adverse employment consequence, as a result of which plaintiff was only required to prove, as part of his prima facie case, that...

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