Takes two to tango: Employees must participate in the interactive process

On March 31, the U.S. 3rd Circuit Court of Appeals (whose rulings apply to all New Jersey employers) affirmed the district court’s dismissal of discrimination, retaliation, and wrongful termination claims filed by an ex-accountant of a local board of health. The employee filed claims under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, as well as a common law claim for wrongful termination, but the appeals court found no discrimination or retaliation occurred and the wrongful termination claim was based on the same facts as the discrimination and retaliation claims.

Facts

B. Janet Petti worked as an accountant for the Ocean County Health Department (OCHD) starting in 2004. In November 2012, construction commenced on the OCHD campus at the building next to where Petti worked. On multiple occasions, she expressed concerns to OCHD staff that construction debris containing asbestos would get into her building and upset an unidentified medical condition she had.