Viscik v. Fowler Equipment Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that New Jersey “courts have adopted the burden-shifting framework articulated in McDonnell Douglas . . . to prove disparate treatment under [NJ]LAD”
• recognizing that a plaintiff can affirmatively plead “failure to reasonably accommodate as a separate cause of action” from a discriminatory discharge or disparate treatment claim
• concluding that obesity, standing alone, is not a disability under the LAD
• observing that reasonable accommodation is an issue in a handicap discrimination case when it is pled as such
• noting that “[t]he term ‘handicapped’ in LAD is not restricted to ‘severe’ or ‘immutable’ disabilities and has been interpreted as significantly broader than the analogous provision of the Americans with Disabilities Act (ADA)”
• recognizing New Jersey “courts have adopted the burden-shifting framework articulated in McDonnell Douglas . . . to prove disparate treatment under [NJ]LAD”

Source: CourtListener parenthetical corpus (CC0).