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Law360 (April 2, 2021, 7:10 PM EDT ) A former store manager at Estée Lauder lodged a lawsuit in New Jersey state court alleging the high-end cosmetics company discriminated against her when it fired her for requesting accommodations for her asthma, which she says makes it difficult to wear a mask full-time.
Denise Tatler said Thursday that Estée Lauder violated the New Jersey Law Against Discrimination when it refused to accommodate her disability and chose not to bring her back to work after furloughing her at the outset of the COVID-19 pandemic.
Though other managers and employees were allowed to work from home, she was not given accommodations afforded to her under the state civil rights law, Tatler told the court.
And according to the filing, the decision to fire her was made in retaliation for her asking to either work from home or do her job, sans mask, from the back of the store and away from customers for part of her shift. The store policy required employees and managers to wear masks throughout the duration of their shifts, according to the complaint.
Tatler, who had worked at the store for 13 years, says she faced a hostile work environment and "severe and pervasive harassment as a result of her recognized disability," though the complaint does not delve into specifics.
According to the complaint, Tatler also asked if she could provide a doctor's note confirming her disability status, but Estée Lauder refused to accept.
Tatler has asked the court to reinstate her in her position, and for punitive and compensatory damages including front and back pay. She has also asked the court to require Estée Lauder to put in place new rules preventing future discrimination.
Representatives and counsel for both parties did not immediately respond to requests for comment Friday.
Tatler is represented by Marc A. Weinberg of Saffren & Weinberg.
Counsel for Estée Lauder was not immediately available Friday.
The case is Denise Tatler v. Estée Lauder, case number L-001143-21, in the Superior Court of New Jersey, Monmouth County.
--Editing by Haylee Pearl.
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