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:  

 “Disability” means physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological or neurological conditions which prevent the normal exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Disability shall also mean SIDS or HIV infection. 

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]