Don’t make the mistake of assuming that someone who isn’t disabled under the ADA also isn’t disabled under the New Jersey Law Against Discrimination (NJLAD). The fact is, the NJLAD is far more generous in its definition.
Any physical or mental, psychological or developmental disability is covered if it prevents normal bodily or mental functions, or is “demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques.”
Recent case: Diane Petras said her employer fired her because she was depressed and stressed out. She sued.
The company said she didn’t turn in medical forms and refused to accept a temporary transfer to accommodate her request for . It also argued she wasn’t disabled.
The court said her diagnosis, supported by her doctor’s opinion, met the NJLAD definition. She’ll get a trial. (Petras v. IAP Worldwide, No. 07-170, DCNJ, 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Let the pros in HR handle that! Bosses shouldn't meddle in FMLA, ADA issues
- How can we help an employee who is receiving harassing phone calls?
- RIF? Make sure layoff decision-makers don't know workers' FMLA status
- Document reason for terminations after FMLA