For the past year, employees have been undergoing medical screenings and answering questions about their personal health to gain access to their physical workplaces. Employers can lawfully request their health status or require them to take leave from work if they appear to have symptoms of COVID-19. Despite laws protecting…
Articles Posted in Americans with Disabilities Act
New Jersey Grapples with the Appropriate Use of Sheltered Workshops for Disabled Workers
Statistics show people with disabilities in the United States are twice as likely to be unemployed than those without a disability. The issue has been exacerbated during the coronavirus pandemic, which has caused joblessness to rise and an increase of workplace disability discrimination. But underlying the conversation about getting people with disabilities back to…
Student Kicked Off Volleyball Team for Having Epilepsy — What Disability Discrimination Looks Like in Schools
Disability discrimination remains a persistent problem in the workplace. But it does not happen only at work. Last month, a Norwood, New Jersey teenager was cut from her school’s volleyball team because she has epilepsy. After her father reported what he believed to be discriminatory conduct and demanded that the…
New Jersey Appellate Court Affirms Medical Leave Reasonable Accommodation Verdict
Under the New Jersey Law Against Discrimination (LAD), an employee is entitled to reasonable accommodations at his or her workplace when he or she has a disability and the accommodation allows him or her to carry out basic job functions. But what if the employee requires medical leave to seek…
New Jersey Expands Family Leave Act to Provide COVID-19-Related Job Protection
Governor Murphy signed legislation yesterday that amends the New Jersey Family Leave Act to provide job protections to employees who need to take leave from work during the COVID-19 epidemic in order to care for a family member because of qualifying reasons relating to the coronavirus. The passing of S2374 is…
Supreme Court Allows Employee Terminated for Medical Marijuana Law to Proceed with Discrimination Lawsuit
The New Jersey Supreme Court has issued an important decision holding that an employer’s refusal to permit an employee to use medical marijuana can constitute a violation of the New Jersey Law Against Discrimination. The New Jersey Legislature has in recent years recognized the medical benefits of cannabis use to treat…
New Jersey Disability Discrimination Law: Revisiting Tynan v. Vicinage 13
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…
Court of Appeals Allows Disabled Employee To Pursue ADA Wrongful Termination Claims
The United States Court of Appeals Third Circuit has reversed a district court’s dismissal of a disability discrimination lawsuit brought by a registered nurse against her former employer. In the lawsuit captioned Aleka Ruggiero v. Mount Nittany Medical Center, the registered nurse claims that she was unlawfully terminated from her…
Holmdel Graduate Denied Accommodation at High School Graduation Ceremony
As reported by Asbury Park Press, a Holmdel High School student is claiming that school officials prohibited her from coming on to the stage to receive her high school diploma during last week’s graduation ceremony. The incident has sparked outrage from some in the community concerning the school’s lack of…
Supreme Court Punts on Deciding Whether ADA Could Require More than 12 Weeks of Medical Leave As A Reasonable Accommodation
The United States Supreme Court has declined review of a 7th Circuit Court of Appeal decision holding that the American’s with Disabilities Act (“ADA”) does not require employers to provide any reasonable accommodation of an extended medical leave for any more than twelve (12) weeks under the Family and Medical…