New Jersey disability discrimination Tag Archives

Published on: November 3, 2024

All Employers Required to Provide New Jersey Disabled Employees With Reasonable Accommodations So They Can Do Their Job

New Jersey’s Requirement for Employers to Provide Reasonable Accommodations for Disabled Employees

New Jersey’s Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination because of an employee’s disability. New Jersey civil service law also prohibits discrimination because of an employee’s disability. These laws require employers to provide 7-300x225 reasonable accommodations so that disabled employees can perform their duties.

The regulations promulgated by the New Jersey Division of Civil Rights implementing the Law Against Discrimination’s reasonable accommodation requirement require employers to engage in an “interactive process” with the employee to determine what reasonable accommodations the employer can provide for the employee.

Published on: September 11, 2024

“Disability” Defined for Disability Discrimination by Federal Appeals Court Decision

by Maurice W. McLaughlin

The Federal appeals court which hears New Jersey cases issued a precedential decision explaining the definition of “disability” for purposes of disability discrimination under the Americans with Disabilities Act. tess-225x300

Background

Andrew Morgan was employed by Allison Crane & Rigging LLC as a millwright laborer. On September 29, 2020 he injured his lower back on the job. He advised his supervisors, but continued his shift even though he was in “severe pain.” He then saw a chiropractor who diagnosed Morgan with a bulging or herniated disc in his lower back. He began treatment twice a week, and had pain when he sat, walked or turned. The chiropractor placed him on light duty, which he advised his supervisors of in a meeting on October 7, 2020; they advised him not to file a workers compensation claim. The light duty was to continue until November 25^th, at which point the chiropractor advised that he could resume his full duties.

Published on: August 6, 2024

New Jersey Disability Discrimination and Retaliation Prohibitions Examined by Appeals Court

by Maurice W. McLaughlin

New Jersey employment law prohibits both disability discrimination and retaliation against an employee who objects to disability discrimination. A New Jersey appeals court examined both situations in the case of Algozzini vs DGMB Casino LLC, d/b/a Resorts Casino Hotel. imagesCAWQ89PS

The Explosion

Bart Algozzini was director of slot operations at Resorts Casino Hotel for five years when he suffered second and third degree burns over seventy percent of his body during a boat fuel explosion on July 17, 2019. He was hospitalized for a month. He spent two weeks in a medically induced coma, was intubated, resuscitated after a cardiac arrest, and went through multiple skin graft surgeries. Thereafter he went to an inpatient rehabilitation, followed by outpatient physical therapy. He was discharged from outpatient physical therapy on January 30, 2020 but still needed to walk with a cane and use a shower chair.

Published on: July 22, 2024

Federal Appeals Court Clarifies Standard for Proving Harm Caused by Discrimination

by Maurice W. McLaughlin

New Jersey employment law prohibits pregnancy discrimination and disability discrimination. The United States Third Circuit Court of Appeals recently examined the standard employees must meet to prove pregnancy discrimination and disability discrimination in the case of Peifer v. Pennsylvania Board of Probation and Parole. columns-round-300x201

Peifer’s Employment with the Board

Samantha Peifer was an employee of the Pennsylvania Board of Probation and Parole. She was an alcohol and other drugs agent, working with drug and alcohol offenders when they were on parole. She was required to be able to perform physical activities such as chasing, apprehending and restraining offenders during escapes and arrests.

Published on: September 27, 2023

New Jersey Law Against Discrimination Applies to Mergers

by Maurice W. McLaughlin

A recent New Jersey employment law decision in the case of Rosemary Beneduci vs. Graham Curtin, P.A. addressed when failing to offer an employee of one business entity a job with a second when the two merge constitutes an illegal employment practice under New Jersey’s Law Against Discrimination. While the case involved two law firms, it would be equally applicable to any employers. NJ_State_House-300x200

Background

As the opinion explained them, the facts are relatively straightforward. Rosemary Beneduci was a long-time employee of Graham Curtin, P.A., a major New Jersey law firm. She had been on disability leave for knee replacement surgery. At the same time, Graham Curtin was merging with a second firm, McElroy Deutsch. When the merger was completed, McElroy would be the surviving firm. All of the attorneys and employees at Graham Curtain who did not leave for another firm were offered employment with McElroy except for Beneduci. All of them became employees of McElroy except for Beneduci and one part-time employee who chose to retire. The testimony indicated that Graham Curtin’s employees were hired based on the recommendation of its former managing partner; he recommended all the employees be hired by McElroy except for Beneduci. When Beneduci emailed the managing partner, her direct supervisor, that she would be returning to work, he met with her, terminated her and offered her a severance agreement. She rejected the agreement and sued Graham Curtain, its managing partner, and McElroy for violation of the New Jersey Law Against Discrimination.