In previous posts, we have discussed that New Jersey employers must not discriminate against employees based upon a physical or mental disability. The failure of an employer to make reasonable accommodations regarding an employee’s disability could amount to discriminatory behavior, depending upon all of the facts and circumstances.  We have also stated that employers must not retaliate against employees who file grievances regarding disability discrimination.

If an employee believes that he or she is in fact being discriminated against because of his or her disability, that individual may pursue legal action against the employer. The way in which that legal claim will be resolved is both fact and situation sensitive.

A recent case involving a former assistant professor at a New Jersey community college illustrates one such method of resolution. The assistant professor claimed that as a result of disability discrimination she suffered emotional and physical distress as well as a loss of benefits and income.  The school will pay her $275,000 in exchange for a full release from liability or damages.

The professor was hired in 2006. She claims the institution was aware that she had been diagnosed with Epstein-Barr virus. In 2008, she was also diagnosed with chronic fatigue syndrome and narcolepsy. Following that diagnosis she sought to step down from her roles as adjunct faculty liaison and department coordinator, and continue as a teacher only. When the school’s dean declined that request, the professor filed a successful grievance against the school.

The professor was allowed to drop the extra work responsibilities, but she claims that the school retaliated against her in multiple ways, including a poor performance evaluation and her Dean recommending that she not be reappointed for the 2009-10 school year.

The parties resolved their matter in mediation. This form of alternative dispute resolution involves the assistance of a third party neutral who helps the parties reach an agreement. It can be a beneficial approach for a variety of case types, including its relative speed and the fact that it is private and much less expensive than litigation. When communication between the parties will be necessary in the future, it can also make the relationship between the parties better on a moving forward basis.

While dealing with discrimination and retaliation in the workplace are conditions that New Jersey workers should not have to face, unfortunately they too frequently do. If you are faced with these issues in the workplace, you will benefit from legal advice provided by an experienced plaintiff’s employment law attorney.  The lawyers can help you figure out the facts, research the law, determine the best way to proceed, and then advise you or become directly involved in negotiations, mediation, arbitration, or litigation — as the facts, law, parties, and legal counsel may best determine.

Source: Times of Trenton, “MCCC to pay $275K to former employee in ADA discrimination case,” James McEvoy, Oct. 6, 2014