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Is Mental Illness a Protected Disability Under the NJLAD?

Posted by Jamison Mark on Aug 2, 2017 12:10:00 PM

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Mental illness is astoundingly common. It affects more than 1 in 5 U.S. adults, causing the loss of $193.2 billion in earnings annually and contributing to high rates of homelessness and suicide. These shocking statistics are exacerbated by the fact that mental illness is stigmatized, making genuine discussions about mental illness difficult and often preventing individuals from seeking treatment that could improve their lives. It’s important to understand, however, that the law provides important protections for people who struggle with mental illness.

Both the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) prohibit discrimination based on physical or mental disability. The ADA’s definition of disability applies only to those whose past or present condition or perceived condition “substantially limits one or more major life activities.”[1] The NJLAD, on the other hand, provides broader protections for New Jersey employees. It defines disability as a condition that “prevents the typical exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques.”[2] Without the requirement to prove impairment of a major life activity, more people in New Jersey can claim protection under the state law.

Here is what New Jersey law has to say regarding mental illness discrimination in the workplace:

Does the NJLAD consider mental illness considered a disability?

Yes, the NJLAD prohibits discrimination in the workplace against disabled workers. Discrimination is not allowed in the following employment-related areas:

  • Hiring
  • Firing
  • Pay & compensation
  • Job assignments
  • Promotions
  • Layoffs & severance packages
  • Training
  • Any other employment term or condition

If you believe you have been the victim of discrimination based on mental illness, a New Jersey employment discrimination lawyer can help you decide the wisest path forward from a legal perspective.

 

Addiction & the NJLAD

Yes, but note that the U.S. Commission on Civil Rights clarifies that "[a]n individual who is currently engaging in the illegal use of drugs is not an individual with a disability when the employer acts on the basis of such use." If you are terminated while actively using illegal drugs, understand there very well may be no legal recourse for such a situation. On the other hand, if you are discriminated against after it becomes known you have struggled in the past with alcohol or illegal drugs, then this could create grounds for a wrongful discrimination lawsuit. If you are unsure whether previous addiction issues are the reason for adverse employment actions against you, reach out to a New Jersey attorney to help you assess the facts of your case.

What other obligations do NJ employers have?

Under the NJLAD, an employer is obligated to reasonably accommodate a person's mental illness unless doing so would cause the employer undue hardship. To show undue hardship, an employer would need to provide evidence that a mental illness accommodation would be impossible to provide or would create a financial burden or similar hardship that would make the accommodation unreasonable.

However, if the accommodation requested by a mentally ill employee is reasonable and the employer still refuses to provide it, this may be grounds for a discrimination claim. This is not to say, however, that you cannot be fired on the basis of mental illness. A mentally ill person is required to perform essential job functions and adhere to workplace rules of conduct once reasonable accommodations are put in place. If it can be clearly shown that a mentally ill individual cannot meet these standards, then firing the employee may be considered justified. However, if the employee is meeting these standard and is still fired, the terminated individual should talk to a New Jersey employment discrimination attorney immediately.

Employer Requirements Before and After Job Performance Is Impacted

If you are aware of mental illness issues before they begin to affect job performance, it is wise to request any medical leave to which you may be entitled to deal with those issues. Note that in some cases, time off to get treatment for a disability may be considered a required "reasonable accommodation" in itself. If your employer refuses to grant time off for this purpose, talk to a New Jersey employment discrimination lawyer to determine whether this gives rise to a viable discrimination claim.

Often, an employer will not know about an employee's mental illness until it has already affected job performance. In those cases, the employer is required to take proactive steps to reasonably accommodate the mentally ill employee after the illness is disclosed (if still employed at that time). Failing to offer reasonable accommodations in such an event could, again, justify a wrongful discrimination claim against the employer.

The attorneys at the Mark Law Firm have extensive experience pursuing employment discrimination claims and have recovered millions for our clients. To learn more about your rights at work, subscribe to our blog.

 

Topics: Employment Law, Discrimination & Harassment

The information on this website is made available by the Mark Law Firm for educational purposes only. It is intended to give a general understanding of New Jersey law, not to provide specific legal advice. Use of this website does not establish an attorney-client relationship between you and the Mark Law Firm and should not be used as a substitute for legal advice.