Amicus Brief Sways Supreme Court

Dear Members: A QUICK SHOUTOUT TO NJILGA AND A FEW OF ITS MEMBERS: Attached please find Monday’s NJ Supreme Court decision in Carabello v. City of Jersey City, a case in which NJILGA participated as Amici w/ NJSLOM, and the NJ MEL/JIF, referenced collectively in the Opinion as the “Municipal Amici”, briefed and argued by NJILGA member Dorsey and Semrau, where our Trustee John Jansen serves as Of Counsel . The Court makes a point on p.9 of identifying an issue presented separately by Muni Amici: “Those amici also urge this Court to conclude that medical treatment cannot qualify as a reasonable accommodation under the LAD. They argue that Caraballo’s position, if accepted, would allow employees to ‘leverage the threat of a LAD suit against an employer’ if a demand for workers’ compensation benefits is denied.” The Court then “considers the question of first impression posed by this case to offer guidance on a matter of considerable public importance: whether the alleged failure to provide an employee w/ knee surgery can serve as the basis for a viable failure-to-accommodate claim.” (op., p.13). The Court then concludes in favor of the City on this issue raised by the Municipal Amici. Congratulations to Fred Semrau and his team, and to John and Fred and their Firm for accepting the assignment and on delivering such outstanding work; and to the NJILGA Amicus Committee for recognizing the value of participating in a case like this. Once again, NJILGA breaks new ground in the area of Local Government Law. Well done!

John C. Gillespie, President