Under the New Jersey Law Against Discrimination, extending leave beyond FMLA period may constitute a reasonable accommodation.

The plaintiff was employed as a driver/guard and requested FMLA leave following coronary by-pass surgery. The plaintiff was granted the FMLA leave but was unable to return to his full duties at the end of the full leave period and was terminated. He brought suit alleging violations of the New Jersey Law Against Discrimination ("NJLAD"), alleging that Dunbar failed to engage in the interactive process. The District Court concluded that under the NJLAD, an extension of leave may be a reasonable accommodation and that the fact that the FMLA leave had been exhausted did not make the accommodation per se unreasonable.

Case Law Alert - 1st Qtr 2010