Appellate Division Holds Post-COVID Symptoms Do Not Qualify Employee for Disability Status

Employment discrimination against individuals with a disability is prohibited by the New Jersey Law Against Discrimination (LAD). This is not in dispute, but determining exactly what qualifies a worker for disability status can lead to serious conflict, and sometimes even litigation.

In June 2023, a case before the New Jersey Superior Court’s Appellate Division tested just how far a disability designation could extend. Guzman v. M. Teixeira International, Inc. arose from a plaintiff, Uriel Guzman, who says she was fired from her healthcare worker job due to lingering effects she experienced after contracting COVID-19 in March 2020.

While Ms. Guzman returned to work within a few weeks, she continued to suffer from long-term symptoms, including fatigue, shortness of breath and cognitive impairment. She asked for a leave of absence from her employer, but her request was denied. After that, Teixeira fired her. Ms. Guzman filed a complaint with the New Jersey Division on Civil Rights (DCR), alleging that she had been discriminated against on the basis of a disability. The DCR found in favor of Ms. Guzman, and Teixeira appealed that finding to the Appellate Division.

Under the LAD, a disability is defined as a “physical or mental impairment that substantially limits one or more major life activities.” Applying that language to the facts of Ms. Guzman’s case, the panel held that her lingering COVID-related symptoms did not constitute a disability, as she was able to perform her job duties, care for herself and her family, and engage in social activities. Likewise, the Appellate Division ruled that the termination was not based on Teixeira’s perception of her purported disability.

With so many people suffering from post-COVID symptoms, the ruling that not every illness constitutes a disability under the LAD could have far-reaching effects for New Jersey companies and workers. However, employees experiencing more serous symptoms linked to a current or previous case of COVID-19 could be eligible for the legal protections given to disabled individuals.

Should you suspect that you have been mistreated at work due to a physical or mental disability, or if your employer refuses to provide a reasonable accommodation for your condition, it is time to speak with an experienced New Jersey employment lawyer. You can set up an appointment with an attorney at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack by calling 551-245-8894 or contacting us online.