THE NEW JERSEY APPELLATE DIVISION CONSIDERED WHETHER CONTRACTING COVID-19 IS SUFFICIENT FOR AN EMPLOYEE TO CLAIM THEY QUALIFY AS AN INDIVIDUAL WITH A DISABILITY UNDER THE NEW JERSEY LAW AGAINST DISCRIMINATION
Articles Discussing Disability Discrimination Cases In New Jersey.
Earlier this year, a New Jersey trucking company was sued after refusing to hire a medical marijuana patient following a pre-employment drug test that came back positive for marijuana. Duane Hunt filed the complaint in January of this year, accusing Matthews International Corp of violating the New Jersey Law
The circumstances under which a company or organization may require an employee to undergo a medical examination can be confusing for employers, and for good reason: The “rules” are cobbled together from a variety of sources and are from the model of clarity. The Appellate Division of the Superior Court of New Jersey recently attempted to synthesize and clarify these rules in the case of In re Williams, a decision whose importance will likely increase as disability and reasonable accommodation issues continue to be fertile ground for plaintiffs’ attorneys. 2016 N.J. Super. LEXIS 15 (App.Div. Jan. 25, 2016)
A new New Jersey law prohibits pregnancy discrimination in the workplace and requires employers to provide pregnant employees with reasonable, pregnancy-related accommodations, upon request, absent a showing of undue hardship. California and Maryland are other states that have extended their accommodation requirements to pregnant workers. The New Jersey law, signed by New Jersey Governor Chris Christie on January 21, 2014, is effective immediately. The law amends the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12, which now protects 17 characteristics from discrimination.