Don't rush the interactive process; you've made that mistake before

On December 6, 2019, the New Jersey Appellate Division reversed and remanded (sent back) a trial court's order dismissing an employee's disability discrimination and retaliatory discharge claims under the New Jersey Law Against Discrimination (NJLAD). The Appellate Division concluded there were issues of material fact about whether the employer initiated the interactive process in good faith to find a reasonable accommodation for the employee. The decision serves as a valuable and necessary reminder of the common ways employees use to show an employer didn't engage in the interactive process in good faith.

Facts

V.L. was employed by Hunterdon Healthcare LLC and Hunterdon Medical Center for almost 20 years. During her tenure, she was promoted on multiple occasions and received excellent performance evaluations. She had a long-standing history of battling depression and anxiety that predated her employment with the medical center. Because of her condition, she requested various leaves and accommodations over the course of her employment, including working from home, which Hunterdon approved.

In December 2014, V.L. requested a 12-week medical leave. Before her return, she requested an accommodation to work from home. Hunterdon declined to extend such an accommodation to her, contending her job's essential functions required her presence in the office.