Disabled employees aren’t immune to effects of negative job performance, NJ court rules

A terminated employee recently failed to establish a prima facie (or minimally sufficient) case for disability discrimination under the New Jersey Law Against Discrimination (NJLAD), according to the U.S. District Court for the District of New Jersey. The court granted the employer’s request for summary judgment (dismissal without a trial) because it said the employee had been unable to show a genuine factual dispute existed to suggest he had been fired because of his disability.

Facts

Christopher Rooney worked for NVR Inc., a home manufacturing plant, from January 2, 2017, through the date of his termination on March 14, 2018. During that time, he was transferred between departments twice, and from May 2017 until the date of his separation, he was employed as a loader and bander in the company’s loading pit.

On May 31, 2017, Rooney injured his foot and was subsequently diagnosed with a sprained ACL. His physician returned him to work with restrictions including wearing a splint and not climbing stairs or ladders. The doctor, however, didn’t place any limits on the hours he could work. As a result, NVR placed him on modified duty, no longer requiring him to climb into the pit. Furthermore, the employer instructed coworkers to assist him with job tasks as needed.

Two months after the initial foot injury, Rooney underwent knee surgery and began a six-month leave to recover. NVR also postponed his six-month review until after he returned from the leave.