Mashel Law sued Neptune Township and its responsible managers and supervisors for disability discrimination in violation of New Jersey’s Law Against Discrimination (LAD) for wrongfully discharging their client, a 14-year employee of the Township, because she suffered from Rheumatoid Arthritis. The lawsuit further alleges Neptune Township failed to reasonably accommodate their client’s Rheumatoid Arthritis condition by, among others, not providing her assistance, issuing her a retaliatory written reprimand when she had to move or lift heavy objects, and refusing to abide the client’s treating physician’s lifting restriction of no more than 10 lbs. when she experienced flare-ups of her chronic medical condition. Mashel Law also alleged in the suit how Neptune Township subjected their client to a hostile work environment and subjected her to retaliatory behavior by requiring her to submit a note from her doctor describing the restrictions necessary on the employee’s worst day and that the employee cannot do anything beyond what is in those restrictions no matter how well she is feeling at a given point in time.
As Mashel Law claims here, an employer is strictly liable for damages under the LAD caused by discrimination committed by supervisors, and by non-supervisory employees (and in some instances by third parties), if the employer knew or should have known about the discriminatory conduct, had control over the conduct, and failed to take prompt appropriate corrective action. Mashel Law is seeking to compel Neptune Township to pay their client compensatory damages for lost wages and benefits, emotional distress, punitive damages, as well as reasonable attorney fees and cost of suit.