Regina A. Viscik, Plaintiff-Respondent v. Fowler Equipment Company, Inc., and Helene “lanie” Fowler…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that Regina Viscik satisfied the statutory definition of a handicap under the Law Against Discrimination, that the trial court erred by giving a reasonable accommodation instruction that was not pled or required, and that the objective‑employer standard instruction was improper. The Court emphasized proper application of the handicap test and correct jury instructions.