job requirement (New Jersey) · Go Syfert
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job requirement in New Jersey

9 New Jersey opinions name it 2 courts 1981–2021 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Svarnas v. AT & T COMMUNICATIONSgreen
njsuperctappdiv · 1999 · cited in 2 New Jersey opinions naming this issue, 2002–2012
2 sentences

2012The second is the case in which an employer, rather than defending on the grounds that the employee was terminated for legitimate, nondiscriminatory reasons, proffers the employee’s inability to perform the job as a defense. [ Viscik, supra, 173 N.J. at 19-20 , 800 A.2d 826 (citations omitted); see also Soules v. Mount Holiness Mem’l Park, 354 N.J.Super. 569, 571 , 808 A.2d 863 (App.Div. 2002); Svarnas v. AT & T Commc’ns, 326 N.J.Super. 59, 74-75 , 740 A.2d 662 (App.Div.1999).] Plaintiff did not allege a cause of action based upon a failure to accommodate her disability.

2012The second is the case in which an employer, rather than defending on the grounds that the employee was terminated for legitimate, nondiscriminatory reasons, proffers the employee’s inability to perform the job as a defense. [ Viscik, supra, 173 N.J. at 19-20 , 800 A.2d 826 (citations omitted); see also Soules v. Mount Holiness Mem’l Park, 354 N.J.Super. 569, 571 , 808 A.2d 863 (App.Div. 2002); Svarnas v. AT & T Commc’ns, 326 N.J.Super. 59, 74-75 , 740 A.2d 662 (App.Div.1999).] Plaintiff did not allege a cause of action based upon a failure to accommodate her disability.

12
Webb v. City of Philadelphiagreen
ca3 · 2009 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021Where a 12 Petitioner claims that to support a prima facie case of "failure to accommodate based on religious beliefs, [an] employee must show[:] . . . [(1)] they hold a sincere religious belief that conflicts with a job requirement, . . . [(2)] they informed their employer of the conflict, and . . . [(3)] they were disciplined for failing to comply with the conflicting requirement." To support this proposition, petitioner cites to Webb v. City of Philadelphia, 562 F.3d 256, 259 (3rd Cir. 2009).

11
Linda Tisby v. Camden County Correctional Facilitygreen
njsuperctappdiv · 2017 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021However, the standard proffered by petitioner differs from the standard we articulated in Tisby v. Camden County Correctional Facility, 448 N.J.

11
Soules v. Mount Holiness Mem. Parkgreen
njsuperctappdiv · 2002 · cited in 1 New Jersey opinions naming this issue, 2012–2012
2 sentences

2012The second is the case in which an employer, rather than defending on the grounds that the employee was terminated for legitimate, nondiscriminatory reasons, proffers the employee’s inability to perform the job as a defense. [ Viscik, supra, 173 N.J. at 19-20 , 800 A.2d 826 (citations omitted); see also Soules v. Mount Holiness Mem’l Park, 354 N.J.Super. 569, 571 , 808 A.2d 863 (App.Div. 2002); Svarnas v. AT & T Commc’ns, 326 N.J.Super. 59, 74-75 , 740 A.2d 662 (App.Div.1999).] Plaintiff did not allege a cause of action based upon a failure to accommodate her disability.

2012The second is the case in which an employer, rather than defending on the grounds that the employee was terminated for legitimate, nondiscriminatory reasons, proffers the employee’s inability to perform the job as a defense. [ Viscik, supra, 173 N.J. at 19-20 , 800 A.2d 826 (citations omitted); see also Soules v. Mount Holiness Mem’l Park, 354 N.J.Super. 569, 571 , 808 A.2d 863 (App.Div. 2002); Svarnas v. AT & T Commc’ns, 326 N.J.Super. 59, 74-75 , 740 A.2d 662 (App.Div.1999).] Plaintiff did not allege a cause of action based upon a failure to accommodate her disability.

11
Board of Education v. Englewood Teachers Ass'ngreen
nj · 1973 · cited in 1 New Jersey opinions naming this issue, 2002–2002
2 sentences

2002Board of Ed. of City of Englewood v. Englewood Teachers Ass'n, 64 N.J. 1, 5-6, 8 , 311 A.2d 729 (1973).

2002Board of Ed. of City of Englewood v. Englewood Teachers Ass'n, 64 N.J. 1, 5-6, 8 , 311 A.2d 729 (1973).

11
Linn v. Beneficial Commercial Corp.green
njsuperctappdiv · 1988 · cited in 1 New Jersey opinions naming this issue, 1997–1997
2 sentences

1997Compare Linn v. Beneficial Commercial Corp., 226 N.J.Super. 74, 80 , 543 A.2d 954 (App.Div.1988).

1997Compare Linn v. Beneficial Commercial Corp., 226 N.J.Super. 74, 80 , 543 A.2d 954 (App.Div.1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Viscik v. Fowler Equipment Co., Inc. green
nj · 2002
2 sentences

2012The second is the case in which an employer, rather than defending on the grounds that the employee was terminated for legitimate, nondiscriminatory reasons, proffers the employee’s inability to perform the job as a defense. [ Viscik, supra, 173 N.J. at 19-20 , 800 A.2d 826 (citations omitted); see also Soules v. Mount Holiness Mem’l Park, 354 N.J.Super. 569, 571 , 808 A.2d 863 (App.Div. 2002); Svarnas v. AT & T Commc’ns, 326 N.J.Super. 59, 74-75 , 740 A.2d 662 (App.Div.1999).] Plaintiff did not allege a cause of action based upon a failure to accommodate her disability.

2012The second is the case in which an employer, rather than defending on the grounds that the employee was terminated for legitimate, nondiscriminatory reasons, proffers the employee’s inability to perform the job as a defense. [ Viscik, supra, 173 N.J. at 19-20 , 800 A.2d 826 (citations omitted); see also Soules v. Mount Holiness Mem’l Park, 354 N.J.Super. 569, 571 , 808 A.2d 863 (App.Div. 2002); Svarnas v. AT & T Commc’ns, 326 N.J.Super. 59, 74-75 , 740 A.2d 662 (App.Div.1999).] Plaintiff did not allege a cause of action based upon a failure to accommodate her disability.

22002–2012
Pilkington v. BALLY'S PARK PLACE green
njsuperctappdiv · 2003
1 sentence

2003There may indeed be instances in which "one case [of waiver] of a purported job requirement [may be sufficient] to demonstrate that it was not a genuine, objective measure of qualification for the position." Ibid.

12003–2003
Pollara v. POLICE. & FIRE. RETIRE. SYS. TRUSTEES green
njsuperctappdiv · 1982
2 sentences

2000Further, additional language in Pollara is supportive of petitioner's position in this case. "[She] was required by [her] employment to be in the [school] before [her] shift began and [she] was required to [have all media materials in place] when the [8:45] bell rang; climbing the stairs [to the school door] was a `necessary maneuver' which was as much a job requirement as was actual attendance [in school at 8:45]." Ibid.

2000Further, additional language in Pollara is supportive of petitioner’s position in this case. “[She] was required by [her] employment to be in the [school] before [her] shift began and [she] was required to [have all media materials in place] when the [8:45] bell rang; climbing the stairs [to the school door] was a ‘necessary maneuver’ which was as much a job requirement as was actual attendance [in school at 8:45].” Ibid.

12000–2000
Branti v. Finkel green
scotus · 1980
2 sentences

1981The Appellate Division’s analysis differed somewhat from the trial court’s since the Appellate Division had the benefit of the United States Supreme Court opinion in Branti v. Finkel, 445 U.S. 507 , 100 S.Ct. 1287 , 63 L.Ed.2d 574 (1980), decided after the lower court’s opinion.

1981The Appellate Division’s analysis differed somewhat from the trial court’s since the Appellate Division had the benefit of the United States Supreme Court opinion in Branti v. Finkel, 445 U.S. 507 , 100 S.Ct. 1287 , 63 L.Ed.2d 574 (1980), decided after the lower court’s opinion.

11981–1981

Where else courts name it

CA 15 (1974–2025) NJ 9 (1981–2021) IL 8 (1990–2025) NY 7 (1990–2023) PA 6 (2000–2024) UT 6 (2013–2026) MA 5 (1988–2025) IA 5 (1983–2026) AL 4 (1989–2002) LA 4 (1968–1994) IN 3 (1983–2013) ME 3 (1979–2010) FL 3 (1979–1990) MI 2 (1976–2000) WV 2 (1989–2019) MN 2 (1992–1993) OK 2 (1953–2007) MO 2 (1983–2008) MD 2 (2009–2015) NE 2 (1989–2018) NM 2 (1950–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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