Discrimination for the mere perception of a disability, even if an employee does not in fact have it, can be enough to win a lawsuit under the Americans with Disabilities Act (ADA) and the NJ Law Against Discrimination (LAD). A recent case involving the U.S. Equal Employment Opportunity Commission (EEOC) against Plasma Biological Services, LLC, and Interstate Blood Bank, Inc., dba Plasma Biological Service, resulted in a $60,000 settlement for an employee who didn’t have the disability for which the employer wrongfully discharged him.

The outcome of this case shows just how far ADA and LAD protections can extend, and that many employers prefer to settle such cases rather than face the uncertainties and risks of going to trial.

In this case, Plasma Biological Services fired an employee after learning he had been placed on a deferred donor list for potentially having a viral marker that showed up in an initial plasma screening. Further tests revealed the employee did not have the viral marker in question.

The EEOC sued Plasma Biological Services on the employee’s behalf in the U.S. District Court for the Western District of Tennessee, after their pre-litigation settlement efforts failed to yield results. (EEOC v. Plasma Biological Services, LLC and Interstate Blood Bank, Inc. d/b/a Plasma Biological Services, Civil Action No. 2:15-cv-02419). The lawsuit alleged violations of Title I of the Americans with Disabilities Act (ADA), which prohibits discriminatory firing of employees for perceived disabilities. New Jersey’s LAD would yield the same results.

Plasma Biological Services opted to settle the case rather than litigate, resulting in a $60,000 gain for the employee, plus a 3-year consent decree that:

• Prohibits Plasma from failing to hire or fire employees who test positive for viral markers;
• Obligates Plasma to update their Standard Operating Policy Manual to reflect their new policy regarding employees who test positive for viral markers;
• Requires Plasma to maintain a clear separation between medical and personnel files;
• Requires Plasma to provide disability sensitivity training to all supervisors and other organizational leaders; and
• Obligates Plasma to post clear notices about discrimination policies, monitor for discriminatory practices and report any violations.

The outcome of this case shows how the ADA and LAD can be interpreted broadly to provide anti-discrimination protection, even in cases of less overt discrimination.

If you have a crisis or concern about mistreatment in the workforce; wrongful discharge; unlawful discrimination; unlawful retaliation; “whistleblower” violations; or other kinds of workplace problems, you need an experienced employment law attorney.  The lawyers at Hanan M. Isaacs, P.C., will listen to the facts, advise you on the law, and guide you to the best outcome available under your circumstances. Call our Central Jersey offices at 609-683-7400 or contact us today to schedule a near-term and reduced fee initial consultation.  Call today.  You will be glad you did.

Hanan M Isaacs, P.C. represents individuals in family law, employment law and civil litigation in Princeton NJ and Central New Jersey including Kingston, New Brunswick, Lawrenceville, and Somerset NJ