Jeannette Andreula v. the Board of Education of the Township of Nutley
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 22, 2026
DocketA-2000-24
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
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SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2000-24
JEANNETTE ANDREULA,
Plaintiff-Appellant,
v.
THE BOARD OF EDUCATION
OF THE TOWNSHIP OF
NUTLEY, RUSSELL LAZOVICK,
and LORRAINE RESTEL,
Defendants-Respondents.
_____________________________
Argued October 8, 2026 – Decided October 22, 2026
Before Judges Mawla, DeAlmeida and Chase.
On appeal from the Superior Court of New Jersey, Law
Division, Essex County, Docket No. L-4254-16.
Anthony M. Rainone argued the cause for appellant
(Brach Eichler LLC, attorneys; Anthony M. Rainone,
of counsel and on the brief; Eric Magnelli and Katelyn
A. Marquez, on the briefs).
Richard A. Grodeck and Kristen Jones argued the cause
for respondents (Piro Zinna Cifelli Paris & Genitempo
LLC, attorneys; Richard A. Grodeck, of counsel;
Kristen Jones, on the brief).
PER CURIAM
Plaintiff Jeannette Andreula appeals from orders dated April 5, 2019
(two), October 15, 2019, November 16, 2021, March 9, 2022, May 14, 2024,
October 25, 2024, October 31, 2024 (two), January 17, 2025, and February 3,
2025 (two). Collectively, these orders led to the dismissal of her New Jersey
Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, claim against
defendants Board of Education of the Township of Nutley, school district
superintendent Russell Lazovick, and elementary school principal Lorraine
Restel. We affirm.
By way of background, plaintiff was a thirty-year veteran of the Nutley
School District. She taught early elementary education in the second and third
grades and was certified to teach kindergarten through sixth grade.
Lazovick served as the district superintendent from September 2011 until
June 2016. Beginning in September 2006, Restel served as the principal of one
of the district's five elementary schools. Plaintiff began teaching the third grade
in Restel's school in May 2012. This was the second district elementary school
plaintiff was assigned to during her tenure. According to the teachers' union
vice president, plaintiff was a source of tension in the first district school she
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transferred from and made "the climate of the school . . . uncomfortable."
Lazovick told plaintiff she was being transferred due to the district's needs.
Plaintiff did not want to transfer but ultimately acquiesced.
On May 16, 2016, Lazovick and Restel went to plaintiff's classroom to
inform her she was being transferred to a third school to teach the fifth grade for
the 2016-17 school year. When plaintiff asked why, Lazovick told her it would
be a better fit for her. The district's union and affirmative action officer stated
he had never seen a teacher with plaintiff's years of service be transferred to a
grade she never taught. Plaintiff claimed her transfer was due to the fact she
encouraged a colleague, a disabled teacher, to bring a discrimination complaint
against Restel.
When the investigators learned from the colleague that plaintiff had
spoken with her about her issues with Restel, they interviewed plaintiff as well.
Plaintiff attested to her colleague's teaching capability and relayed that her
colleague said Restel was "mean and unkind" to the colleague. The investigation
of the colleague's claim against Restel led to the interview of ten other teachers,
and concluded there was conflict among the teachers at the school.
In March 2016, the affirmative action officer rendered three reports ; two
of which concluded there were high tensions between the colleague and Restel
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but did not mention plaintiff. However, the third report blamed plaintiff and
another teacher for having "a negative impact [on] the staff and building
moral[e]." The report concluded there was an "enormous amount of negative
comments regarding" both employees. Plaintiff and the other teacher were
feuding because plaintiff was monitoring the other teacher and recording when
she was tardy. The report concluded "regardless of who is at fault, [the school's
climate] has deteriorated and should be addressed by administration for the
betterment of the staff and students."
According to defendants, plaintiff's transfer was for "educational reasons
and in the interest of . . . harmony at the school," citing the "ill will" among staff
members at the school. At his deposition, Lazovick explained plaintiff was
transferred because "she was part of creating a toxic atmosphere" at the school.
The day after being notified about her transfer to the third school, plaintiff
sought disability accommodation. She claimed the school's lack of air
conditioning would aggravate her asthma and eczema. Plaintiff provided a letter
from her doctor stating "it would be best for [plaintiff] to continue her position
at [the second school] at this time." The district's attorney replied, the district
superintendent–no longer Lazovick–would place plaintiff in an air-conditioned
classroom in the third school.
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Plaintiff sued defendants, asserting claims for: retaliation under the LAD;
violation of the New Jersey Conscientious Employee Protection Act (CEPA),
N.J.S.A. 34:19-1 to -14; failure to accommodate a disability and failure to
engage in the interactive process; and individual liability of Lazovick and Re stel
under the LAD and CEPA. As a part of her suit, plaintiff also requested an
injunction against the transfer, alleging she had never taught the fifth grade and
was transferred for purely retaliatory reasons, in violation of the LAD.
The court granted a preliminary injunction barring the District from
transferring plaintiff. The injunction remained in place through the conclusion
of the case and plaintiff's retirement in 2024.
Between 2018 and 2024, the parties filed dueling motions seeking: in
defendants' case, dismissal of the various counts of the complaint; and in
plaintiff's case, judgment in her favor and to be declared the prevailing party
under the LAD. The court ultimately dismissed all of plaintiff's claims on
summary judgment culminating in the entry of the court's final orders on
February 3, 2025.
I.
On appeal, plaintiff challenges the court's denial of her motion to declare
her the prevailing party under the LAD. She points to Warrington v. Village
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Supermarket, Inc., 328 N.J. Super. 410, 421 (App. Div. 2000), which held "a
prevailing party need only be nominally successful." Plaintiff also cites
Empower Our Neighborhoods v. Guadagno, 453 N.J. Super. 565 (App. Div.
2018), which she claims supports her contention. Our review of this issue is de
novo. Porreca v. City of Millville, 419 N.J. Super. 212, 224 (App. Div. 2011).
A prevailing party can be awarded "a reasonable attorney's fee as part of
the cost" of their action under the LAD. N.J.S.A. 10:5-27.1. A plaintiff who
"succeed[s] on any significant issue in litigation which achieves some benefit
the parties sought in bringing suit" is considered a prevailing party. Hansen v.
Rite Aid Corp., 253 N.J. 191, 213 (2023) (alteration in original) (quoting
Occhifinto v. Olivo Constr. Co., 221 N.J. 443, 450-51 (2015)). "Accordingly,
'a plaintiff who is awarded some affirmative relief by way of an enforceable
judgment against defendant or other comparable relief through a settlement or
consent decree is a prevailing party under N.J.S.A. 10:5-27.1 of the LAD.'" Ibid.
(quoting Tarr v. Ciasulli, 181 N.J. 70, 86-87 (2004)).
A plaintiff can also be considered a prevailing party under the catalyst
theory, which "focus[es] on the outcome achieved rather than the formality of a
court order or settlement." Mason v. City of Hoboken, 196 N.J. 51, 62 (2008).
A prevailing party under the catalyst theory is one who can show a "factual
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causal nexus between plaintiff's litigation and the relief ultimately achieved;"
and that the relief the plaintiff secures has a basis in the law. Id. at 73 (quoting
Singer v. State, 95 N.J. 487, 494-95 (1984)).
On July 29, 2016, the court granted plaintiff a preliminary injunction
enjoining defendants from transferring plaintiff from her third -grade teaching
position at the second school to the fifth-grade teaching position at the third
school. Plaintiff's reasons for seeking the injunction were she: would incur
thousands of dollars in expenses for teaching supplies and equipment to teach
the fifth grade; did not have the professional training to teach the fifth grade;
and was unfamiliar with the New Jersey Core Curriculum for fifth grade, having
never taught that grade level. She also alleged there were potential third-grade
students whose parents had requested she teach their children because they
required special attention.
The court was unpersuaded by plaintiff's claims of economic harm or harm
to the students. However, it found "some merit in [p]laintiff's contention that
the extreme personal inconvenience she will undergo in learning the fifth grade
curriculum at [the third school], along with preparing for the upcoming school
year in that new position, constitutes irreparable harm." Although it was not
"particularly compelling," the court reasoned "[p]laintiff ha[d] nonetheless
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made a showing of irreparable harm" and established a reasonable likelihood of
success on the merits of her retaliation claim. A reasonable jury could conclude
plaintiff's transfer after engaging in an affirmative action investigation "would
dissuade a reasonable [worker] from [filing] a charge of discrimination," and
thus "could constitute an adverse employment action under the LAD."
However, the court noted plaintiff would still need to show a causal nexus
between her transfer and her participation in the affirmative action investigation.
Nonetheless, the court preliminarily enjoined defendants from transferring
plaintiff during the pendency of the suit and ordered defendants maintain the
status quo and keep plaintiff in her third-grade teaching position at the second
school.
On October 31, 2024, the court denied plaintiff's motion to declare her the
prevailing party under the LAD because all of plaintiff's LAD claims had been
dismissed with prejudice. Although the injunctive relief had been in place for
eight years blocking the transfer defendants ordered, it was ultimately a
preliminary injunction and not a final decision on the merits. Citing Singer
Management Consultants v. Milgram, 650 F.3d 223 (3d Cir. 2011), the court
noted even though in granting the preliminary injunction it had found a
likelihood of success on the merits, this did not resolve the issue on the merits.
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The preliminary injunction "was not a final order on the merits." Moreover, the
court observed plaintiff "took voluntary action that mooted the relief she seeks "
by retiring during the litigation, which had been delayed due to the COVID-19
pandemic, a delay no one anticipated.
Having considered the record, we conclude the court did not err in
concluding plaintiff was not the prevailing party. Plaintiff's reliance on
Warrington is unpersuasive because she was not even nominally successful on
her claims, as there was no final judgment or award entered in her favor. In
Empower Our Neighborhoods, the court granted a preliminary injunction, which
declared portions of a contested residency statute unconstitutional and stated
they could not be applied to the plaintiff. 453 N.J. Super. at 585. The court
rejected the plaintiff's challenges to in-state residency requirements and other
voter-eligibility rules. Ibid. Although the plaintiff did not win all of its claims,
the preliminary injunction struck down parts of the statute, which constituted a
final ruling on the merits. Ibid. The plaintiff was declared the prevailing party
because the preliminary injunction ruling "expanded the petition rights of 5.88
million registered voters in New Jersey." Ibid.
Here, plaintiff did not establish a connection between her transfer and her
participation in the affirmative action investigation. She was not the prevailing
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party because she did not prevail on a significant issue. A preliminary injunction
serves as a temporary measure to maintain the status quo based on the likelihood
of success on the merits. See Crowe v. De Gioia, 90 N.J. 126, 132-34 (1982).
The fact that the proverbial litigation clock ran out did not convert the
preliminary injunction into a final injunction because the court never made a
final ruling on the preliminary injunction by applying the facts to the Crowe
factors. Ibid.
II.
We review the grant of summary judgment de novo, applying the same
standard as the trial court. Avis Budget Grp., Inc. v. City of Newark, 427 N.J.
Super. 326, 337 (App. Div. 2012). "Summary judgment is proper if, viewing
the evidence in the light most favorable to the non-moving party, no genuine
issue of material fact is disputed." Ibid. (citing Brill v. Guardian Life Ins. Co.
of Am., 142 N.J. 520, 540 (1995)).
A.
Plaintiff argues her transfer from school-to-school was an adverse
employment action and evidence of retaliation. This was especially the case
because she was transferred and then ordered to teach a grade she had never
taught during her thirty-year tenure.
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Retaliation is unlawful under the LAD. N.J.S.A. 10:5-12(d). A plaintiff
alleging retaliation must show "(1) [they were] in a protected class; (2) . . .
engaged in protected activity known to the employer; (3) . . . thereafter subjected
to an adverse employment consequence; and (4) . . . a causal link between the
protected activity and the adverse employment consequence." Victor v. State
(Victor II), 203 N.J. 383, 409 (2010).
"Once a plaintiff establishes a prima facie case of retaliation, the burden
of production shifts to the defendant to articulate a 'legitimate[,] non -retaliatory
reason' for that decision." Dunkley v. S. Coraluzzo Petroleum Transporters, 437
N.J. Super. 366, 376 (App. Div. 2014) (alteration in original) (quoting Jamison
v. Rockaway Twp. Bd. of Educ., 242 N.J. Super. 436, 445 (App. Div. 1990)).
"If [a] defendant satisfies this burden, the plaintiff must then demonstrate that a
retaliatory intent, not the employer's stated reason, motivated the employer's
action, proving the employer's articulated reason was merely a pretext for
discrimination." Id. at 376-77.
"[A] person engages in a protected activity under the LAD when that
person opposes any practice rendered unlawful under the LAD." Id. at 377
(alteration in original) (quoting Young v. Hobart W. Grp., 385 N.J. Super. 448,
466 (App. Div. 2005)). A protected activity, "if involving a complaint, must
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concern discrimination." Ibid. "'A general complaint of unfair treatment' does
not suffice." Ibid. (quoting Barber v. CSX Distrib. Servs., 68 F.3d 694, 702 (3d
Cir. 1995)).
Summary judgment in favor of defendants on plaintiff's retaliation claim
was properly granted. Although in some circumstances the transfer of an
employee may constitute an adverse employment action, here it did not because
plaintiff failed to show a causal nexus between her transfer and her protected
activity. Defendants objectively proved plaintiff's transfer was made for
legitimate school business purposes due to an increase in hostility among staff
members. Indeed, four other teachers were interviewed and transferred along
with plaintiff because of the workplace conflict at the second school. Plaintiff
was not singled out for her participation in the affirmative action case. She was
not treated differently because other teachers, including the target of the
affirmative action complaint, were transferred as well.
Plaintiff was transferred to a school and grade within her qualifications.
There was no evidence plaintiff was guaranteed to teach in the same school and
grade level as she had been teaching during her tenure. Plaintiff's perception
that her assignment was unfair, or conflicted with her personal preferences, does
not constitute an adverse employment action. See Dunkley, 437 N.J. Super. at
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377 (citing Barber, 68 F.3d at 702). Plaintiff's transfer did not result in a change
of pay, title, or benefits.
B.
Plaintiff argues the court erred when it dismissed her failure to
accommodate claim under the LAD because she had not established her
disability. She claims there was ample evidence of her disability, and estoppel
and waiver barred defendants from arguing differently. Plaintiff points to her
doctor's note and the fact defendants must have perceived she had a disability
because they unilaterally chose to accommodate her by transferring her to an
air-conditioned classroom.
Although "[t]he LAD does not specifically address reasonable
accommodation, . . . our courts have uniformly held that the law nevertheless
requires an employer to reasonably accommodate an employee's handicap."
Tynan v. Vicinage 13 of Superior Ct., 351 N.J. Super. 385, 396 (App. Div.
2002). Employers must make "'reasonable accommodation[s] to the limitations'
of a disabled employee, 'unless the employer can demonstrate that the
accommodation would impose an undue hardship on the operation of its
business.'" Id. at 397 (quoting N.J.A.C. 13:13-2.5(b)).
To determine what appropriate accommodation is
necessary, the employer must initiate an informal
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interactive process with the employee. . . . This process
must identify the potential reasonable accommodations
that could be adopted to overcome the employee's
precise limitations resulting from the disability. . . .
Once a handicapped employee has requested assistance,
it is the employer who must make the reasonable effort
to determine the appropriate accommodation.
[Id. at 400.]
In a failure to accommodate case, the plaintiff first must present the prima
facie elements required in any LAD disability discrimination. A plaintiff must
show they were disabled within the meaning of the statute and qualified to
perform the essential functions of the position of employment, and that they
suffered an adverse consequence. Victor v. State (Victor I), 401 N.J. Super.
596, 614 (App. Div. 2008), aff'd as modified, 203 N.J. 383 (2010).
In determining "whether a plaintiff has satisfactorily presented proofs to
succeed on a failure-to-accommodate claim, many cases discuss whether a
plaintiff has satisfactorily proven a qualifying disability under the LAD." Id. at
611. The LAD defines a disability as "physical or sensory disability[ or]
infirmity . . . which is caused by bodily injury . . . or illness . . . which prevents
the typical exercise of any bodily or mental functions or is demonstrable,
medically or psychologically, by accepted clinical or laboratory diagnostic
techniques." N.J.S.A. 10:5-5(q). Where the alleged disability is not
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immediately apparent, expert medical evidence is required. Victor II, 203 N.J.
at 423.
Pursuant to these principles, we discern no error in the court's grant of
summary judgment dismissal of plaintiff's accommodation claim. Simply put,
plaintiff failed to establish a disability. The doctor's note provided by plaintiff
was not enough because it did not identify plaintiff's alleged disability or the
limitations she had. Plaintiff failed to demonstrate a prima facie accommodation
claim and summary judgment was properly granted on this record. For these
reasons, she cannot rely upon estoppel and waiver to salvage the accommodation
claim.
C.
Plaintiff argues the court should have granted her summary judgment on
the failure to engage in the interactive process claim and misinterpreted the law
when it concluded there was no separate cause of action for such a claim under
the LAD. She asserts she did not have to first prove a disability or adverse
employment consequence because it would defeat the purpose of encouraging
good faith participation by employers in engaging in the interactive process for
disability accommodation requests. Since defendants failed to engage in the
interactive process, it was incumbent on them to obtain further proof of
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plaintiff's disability if they doubted its existence or the specifics of an
accommodation. Therefore, estoppel and waiver applied here as well because
defendants perceived or believed she was disabled by not seeking further
evidence and unilaterally accommodated her.
"Disability discrimination under the LAD encompasses an employer's
failure to comply with the duty to provide reasonable accommodation of [a]
disability." Richter v. Oakland Bd. of Educ., 246 N.J. 507, 543 (2021) (citing
N.J.A.C. 13:13-2.5(b)). "That duty includes the obligation to engage in an
interactive effort to attempt to reach a reasonable accommodation." Ibid.
The interactive process is an informal process by which an employer
determines an appropriate or "reasonable accommodation" for a disabled
employee. See Tynan, 351 N.J. Super. at 400 (citing 29 C.F.R. § 1630.2(o)(3)).
"This process must identify the potential reasonable accommodations that could
be adopted to overcome the employee's precise limitations resulting from the
disability." Ibid.
The trial court did not commit reversible error. Again, there was no
objective evidence of plaintiff's disability in the record. Regardless, the court
properly dismissed this claim when it found since plaintiff filed her complaint
before either party could engage in the interactive process and further discuss
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appropriate accommodation, she terminated the need to engage in the interactive
process.
The court also correctly found the failure to engage in the interactive
process was not a separate LAD cause of action. The duty to engage in the
interactive process only arises when an employee can establish a qualifying
disability under the LAD. The failure to engage in the interactive process is part
and parcel of the failure to accommodate claim under the LAD. See Richter,
246 N.J. at 543 (citing N.J.A.C. 13:13-2.5(b)). Our courts have turned to the
federal guidelines, which require that, to determine reasonable accommodation,
the employer must engage in an "interactive process." See Tynan, 351 N.J.
Super. at 400. While our courts have defined the criteria for proving an
employer failed to engage in the interactive process, they do so within the
context of the failure to accommodate claim. E.g., Richter, 246 N.J. 507.
D.
Finally, plaintiff challenges the dismissal of the aiding and abetting claims
against Lazovick and Restel. N.J.S.A. 10:5-12(e) prohibits "any person,
whether an employer or an employee or not, to aid, abet, incite, compel[,] or
coerce the doing of any of the acts forbidden under this act, or to attempt to do
so." Aiding and abetting liability requires a plaintiff to show "active and
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purposeful conduct." Tarr, 181 N.J. at 83. Specifically: "(1) the party whom
the defendant aids must perform a wrongful act that causes an injury; (2) the
defendant must be generally aware of [their] role as part of an overall illegal or
tortious activity at the time that [they] provide[] the assistance; [and] (3) the
defendant must knowingly and substantially assist the principal violation." Id.
at 84 (fourth alteration in original) (quoting Hurley v. Atl. City Police Dep't,
174 F.3d 95, 127 (3d Cir. 1999)). Because plaintiff failed to establish a prima
facie case of retaliation or failure to accommodate, it follows Lazovick and
Restel could not be personally liable because there was no wrongful act(s)
undertaken by the district in which they actively or purposely participated.
Affirmed.
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