Mercer County Community College Settles Disability Discrimination Case over COVID-19 Treatment

The college agrees to rehire and compensate an employee it fired, making adjustments to its disability accommodation policy in line with New Jersey's anti-discrimination laws.

Morristown, NJ - Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) revealed today a Consent Order and Decree with Mercer County Community College, settling allegations of disability discrimination against a COVID-19-afflicted employee. The college has committed to a range of corrective measures, including rehiring the complainant and paying a total of $60,000 in lost wages, damages, and fines.

Who's Involved and What Happened

In December 2021, an employee of Mercer County Community College was hospitalized in critical condition due to COVID-19 and related complications. After his paid leave credits were exhausted, the College terminated his employment rather than extend his medical leave or permit remote work. DCR's subsequent investigation found probable cause to believe that the College violated New Jersey's Law Against Discrimination (LAD).

Terms of the Settlement

Under the Consent Order, Mercer County Community College is required to:

Rehire the terminated employee at his previous salary.
Pay the complainant $50,000 for lost wages and compensatory damages.
Pay an additional $10,000 fine to DCR.
Revise its anti-harassment and anti-discrimination policies.
Provide ongoing reports to DCR on how it is handling accommodation requests for a period of two years.

The settlement aims to rectify past wrongs and ensure future compliance with the LAD, which mandates that employers engage in an interactive process with employees requiring disability accommodations.

Statements from Officials

Attorney General Platkin stated, “We will continue to pursue disability discrimination complaints on behalf of those workers who have not been treated fairly, justly, or with respect.”

Sundeep Iyer, Director of the Division on Civil Rights, emphasized the timeliness of the action, saying, “October is National Disability Employment Awareness Month, and our message is clear: We will hold accountable any employer who discriminates on the basis of disability.”

Implications for Mercer County and Beyond

This settlement highlights the rigorous protections offered by the LAD, considered one of the strongest anti-discrimination laws in the nation. It serves as a stark reminder to all employers within Morris County and New Jersey State to uphold the rights of workers, particularly those requiring disability accommodations.

For more information on disability discrimination and the LAD, visit New Jersey Division on Civil Rights.

The case was overseen by Division of Law Deputy Attorney General Geoffrey Gersten under the supervision of Section Chief James Michael.