The New Jersey Law Against Discrimination (NJLAD) prohibits employers from discriminating on the basis of disability. It also requires employers to make “reasonable accommodations” for employees with disabilities, in order to enable them to perform their job duties. A New Jersey disability discrimination lawsuit originally filed in the Superior Court of Bergen County alleged failure to accommodate against a grocery store. The employee was bitten on the arm by a venomous spider while at work, resulting in hospitalization. He alleged in the lawsuit that the employer failed to accommodate the “anxiety and panic attacks” that arose because of the experience, and that he was fired in violation of the NJLAD. The parties settled the suit shortly after its removal to federal court.
The term “disability,” as defined by the NJLAD, includes “any mental [or] psychological…disability…which prevents the normal exercise of any bodily or mental functions.” N.J. Rev. Stat. § 10:5-5(q). Anxiety and panic disorders can be extremely debilitating for some individuals.
The Equal Employment Opportunity Commission (EEOC) issued a guidance document in 1997 that addressed whether anxiety may qualify as a disability under federal law. Its conclusions do not control New Jersey state courts applying the NJLAD, but they may still offer some useful guidance. The EEOC offered an example of an employee whose anxiety disorder affected their “ability to concentrate.” Legal antidiscrimination protections would be available, the EEOC concluded, if the impact of the anxiety disorder is “long-term or potentially long-term, as opposed to temporary.”