EMPLOYERS TAKE NOTE: COURT AFFIRMS "ALCOHOLISM" IS A PROTECTED DISABILITY

In a landmark decision released on Friday, the New Jersey Appellate Division has just reinforced that alcoholism qualifies as a disability under the New Jersey Law Against Discrimination (LAD), emphasizing that employers cannot retaliate against employees based on their disability status or for asserting their rights under the LAD.

The case, Graziadei v. Capital Health System, Inc., involves Pamela J. Graziadei, a long-serving nurse manager at Capital Health.  In September 2018, after a breathalyzer test indicated a blood alcohol level above the legal limit - attributed to alcohol consumed the previous evening - Graziadei was referred to the Recovery and Monitoring Program of New Jersey (RAMP), a program designed to assist healthcare professionals with substance use issues. 

Graziadei entered into a private agreement with RAMP and the New Jersey Board of Nursing, committing to specific recovery protocols.  Despite successfully completing all RAMP requirements, including frequent Alcoholics Anonymous meetings, she was informed that she could not return to her management role for up to five years, citing concerns about job-related stress and her recovery. 

Graziadei filed a lawsuit alleging discrimination and retaliation under the LAD.  The Superior Court dismissed her claims, citing lack of subject matter jurisdiction.

However, the Appellate Division has just reversed this decision, stating that the trial court did have jurisdiction and that Graziadei's allegations, if proven, could constitute violations of the LAD. 

This ruling underscores that under the LAD, alcoholism is recognized as a disability, and individuals are protected from discrimination and retaliation based on this status.  Employers must approach situations involving employees with alcoholism with caution, ensuring compliance with the LAD's provisions. 

While employers can enforce policies against being under the influence at work, they cannot penalize employees solely for their status as recovering alcoholics.  Furthermore, any adverse employment actions taken in response to an employee asserting their rights under the LAD may constitute unlawful retaliation.

The Appellate Division's decision serves as a critical reminder for employers to review and, if necessary, revise their policies and practices to ensure they do not inadvertently discriminate against or retaliate against employees with disabilities, including those recovering from alcoholism.  Failure to do so could result in significant legal repercussions under the LAD. 

To join the FAA News WhatsApp Status, click here.