Credit: SeventyFour / Shutterstock.com Can a Documented COVID-19 Infection Lead to a Disability Claim Under the NJLAD?
The analysis will have to be addressed on a case-by-case basis, with the focus not on the employee's infection with the COVID-19 virus, but rather how the corresponding symptoms have affected that individual.
March 09, 2022 at 10:00 AM
9 minute read
The COVID-19 pandemic has presented a myriad of issues for employers. From vaccination mandates and mask requirements to remote work policies, employers have been forced to make decisions on how to best keep their employees, customers, and patients safe during the continuing pandemic. Against this backdrop come novel issues in employment litigation—namely, whether the COVID-19 virus constitutes a disability within the meaning of the New Jersey Law Against Discrimination (NJLAD).
The COVID-19 Pandemic and Its Interplay With NJLAD
While the NJLAD is often considered broader than the Americans with Disabilities Act (ADA), it is not all encompassing. The New Jersey Law Against Discrimination, at N.J.S.A. 10:5-5(q), defines disability as follows:
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