Articles Tagged with new jersey disability attorney

New Jersey law provides for strong protections for disabled employees who suffer discrimination at the workplace. What is widely considered as on the most powerful anti-discrimination laws in the country, the New Jersey Law Against Discrimination bars discrimination of individuals based on protected characteristics in the terms and conditions of employment. The law specifically prohibits discrimination based on an employee’s disability or perceived disability and requires employers to engage in an interactive process in order to determine whether a reasonable accommodation can be provided to employees with a disability. What exactly this process and the resulting accommodations may consist of has been established by various court case rulings since the law’s passing in 1945.

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Tynan v. Vicinage 13 is a landmark disability discrimination and failure to reasonable accommodated case that was decided in 2002 by a New Jersey Superior Court in the Appellate Division.  The plaintiff employee in this case was employed by Vicinage 13 of Superior Court as the Hunterdon County Jury Manager.  She suffered from a combination of physical and mental disabilities including migraines, Post-Traumatic Stress Disorder, depression, irritable bowel syndrome, and hypertension. The plaintiff claimed that these disabilities were exacerbated by harassment and mistreatment from her supervisor at Vicinage 13. On multiple occasions, her supervisor issued disciplinary actions against Ms. Tyan for minor oversights and threatened to terminate her employment regularly. The stress caused by the severe treatment and allegedly hostile work environment exacerbated Ms. Tynan’s disabilities and caused her to become sicker, both mentally and physically. Ms. Tynan complained formally to the Assistant Trial Court Administrato and the court’s Human Resources Division, describing her disabilities, the supervisor’s behavior, and a need for accommodations. Tynan was provided with a plan to remedy the situation involving processes of mediation between her and her supervisor.

Shortly after this plan was created, Ms. Tynan’s exacerbated medical conditions caused her to require a leave from her employment with Vicinage 13. She was approved for family leave and planned to return approximately 11 months later. During this leave, Ms. Tynan received treatment for various disabilities, particularly for her depression and hypertension. Her treating physicians recommended that Ms. Tynan continue her leave from Vicinage 13, and that it would be important for her to report to a different administrator upon return as a result of the extreme stress that Pardo’s treatment caused Ms. Tynan. At the end of her planned family leave, Ms. Tynan requested additional time off and to report to a different administrator upon return. The employer denied both of these accommodations and told Ms. Tynan that if she did not report to work immediately, she will be considered to have resigned from her position. Ms. Tynan could not return to work as a result of her disabilities and was effectively terminated from her position with Vicinage 13.

The New Jersey Appellate Division ruled that the New Jersey Law Against Discrimination protects New Jersey employees from being fired for failing a drug test in connection with medical marijuana use. For employees who use medical marijuana, this provides some extra protections with respect to their employment. With approximately 45,000 registered patients in the medical marijuana program, and an additional 2,000 members joining every month, this decision has far-reaching implications as it will protect those with disabilities requiring use of medical marijuana.

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The Appellate Division suggested that, to the extent the use of medical marijuana is limited to non-working hours, it does not translate that an employee is unable to perform their job duties and responsibilities. The Appellate Division’s decision was based upon a lawsuit filed by 41-year old Justin Wild, a cancer patient, who was fired from his employment at a funeral home as a result of his medical marijuana use during non-working hours.

The New Jersey Law Against Discrimination prohibits employers from discriminating against disabled employees. The New Jersey state discrimination law requires that employees provide reasonable accommodations to disabled employees who need assistance in performing the essential functions of his or her job. When an employee provides sufficient notice to his or her employer that they need assistance as a result of a disability, the employer is obligated to work with the employee in an interactive process to determine whether the requested or other accommodation can provided to the employee.  The employer must provide a reasonable accommodation, unless they can show that the accommodation would constitute an undue hardship on their business operations.