Partner Kyle Wu Successfully Obtains Summary Judgment On Complaint Alleging Actual And Perceived Disability Discrimination, Retaliation, Failure To Accommodate, And Aiding & Abetting Under The New Jersey Law Against Discrimination, Among Other Claims.

Philadelphia Partner, Kyle Wu, obtained summary judgment in favor of defendants, a staffing company, on a complaint alleging actual and perceived disability discrimination, retaliation, failure to accommodate, and aiding & abetting under the New Jersey Law Against Discrimination (“NJLAD”), as well as claims for respondeat superior and conspiracy. Plaintiff alleged that the State of New Jersey, the staffing company that placed her with the State of New Jersey, and various individuals working for the State of New Jersey and the staffing company, discriminated against her based upon an actual and/or perceived mental disability by terminating her employment following a return from a temporary medical leave, failed to provide her accommodations upon her return to work, and retaliated against her for seeking accommodations and complaining about harassment. After four years of litigation, a motion for summary judgment on behalf of the staffing company defendants was filed, arguing that Plaintiff could not satisfy several elements of her prima facie cases for the various claims and that there was no evidence in the record that could evenly remotely support pretext by the staffing company. The Superior Court of New Jersey determined that no genuine issues of material fact existed regarding the staffing company defendants’ actions and the same could not support any claim under the NJLAD, and dismissed all claims against the staffing company defendants.