قالب وردپرس درنا توس
Home / Insurance / Exclusive cure does not prevent claims of discrimination

Exclusive cure does not prevent claims of discrimination



The New Jersey Supreme Court ruled on Tuesday that the state's exclusive action in the Workers' Compensation Act does not prevent a school district from being sued for alleged failure to receive a diabetes educator who fell at work because a late lunch schedule caused her to suffer from low blood sugar.

Mary Richter experienced a hypoglycemic event in a classroom and suffered serious and permanent life-changing injuries when she fainted and hit her head on a scientific laboratory table, according to documents in Richter v. Oakland Board of Education, filed in Trenton .

Ms. Richter sued the school district against state law against discrimination, saying that "in the months leading up to the incident, she repeatedly asked her school principal to change her teaching and cafeteria monitoring schedule so she could manage her blood sugar levels by having her lunch earlier in the day, but he failed. to meet her request, "the documents state.

The school district brought a summary judgment on a number of grounds, which two motion judges and later an appellate court denied.

On further appeal the district argued that Ms Richter had to institute an unfavorable employment measure ̵

1; such as a demotion or dismissal – in order to proceed with a failure to meet disability. The Supreme Court of New Jersey held that an unfavorable employment measure is not a necessary part of a failure to meet the requirements of the Anti-Discrimination Act.

A second issue raised in the appeal was that the claim was suspended by the exclusive measure. due to the fact that Richter received compensatory benefits for workers.

The Supreme Court concluded that Richter's claim of discrimination was based on the school district's "alleged failure to meet her pre-existing diabetic condition" and was therefore not hindered by exclusive remedies. [19659002]

Catalog


Source link