TRENTON – The Division on Civil Rights (DCR) and Attorney General Matthew J. Platkin have made public the Findings of Probable Cause in five cases involving alleged discrimination based on disability, as per the Law Against Discrimination (LAD) in New Jersey.
The cases include three instances of disability discrimination by housing providers, one involving an employer, and another related to a place of public accommodation.
The respondents in these cases are located in five New Jersey counties, namely Bergen, Camden, Morris, Ocean, and Union counties.
Additionally, the Division has successfully resolved eleven other cases that alleged disability discrimination. These cases came to light through complaints filed by members of the public, and DCR was able to secure $153,000 in recovery for the complainants.
The Law Against Discrimination prohibits discrimination based on disability in employment, housing, and places of public accommodation. This law ensures equal treatment for individuals with disabilities and mandates reasonable accommodations, except when an undue hardship is demonstrated.
New Jersey Attorney General, Matthew J. Platkin, stated that the state will not tolerate any form of discrimination, including that based on disability. He emphasized the right of every individual, regardless of their ability, to work, live, and access places of public accommodation with equality.
Director of the Division on Civil Rights, Sundeep Iyer, highlighted that disability discrimination remains a persistent issue in workplaces and communities. The Division remains firmly committed to enforcing the Law Against Discrimination and holding violators accountable.
Among the cases reported, one involves a provider of mental health services who failed to accommodate a person with hearing loss who required sign language interpretation services, resulting in the complainant being unable to receive mental health care for approximately six months.
The cases also include instances where housing providers allegedly violated the LAD by denying tenants or prospective tenants’ initial requests to live with emotional support animals.
In one case, a condo association in Bergen County delayed a prospective tenant’s move-in date due to her request to live with her service animal. Despite sufficient evidence that the dog was an emotional support animal, the association required excessive documentation, leading to a constructive failure to accommodate.
In another instance, a Morris County tenant faced delays in moving in with her emotional support animal due to the leasing agent’s refusal to accept medical documentation without a special form.
A Union County housing provider attempted to evict a tenant for violating their “no pets” policy, despite the tenant’s documented need for emotional support animals, which is prohibited under the LAD.
In an employment case in Camden County, an employee of a healthcare provider was terminated after requesting a shift change to attend physical therapy appointments.
The Findings of Probable Cause are not final adjudications but indicate that DCR has found sufficient evidence to reasonably suspect a violation of the LAD.
In addition to the Findings of Probable Cause, DCR has resolved eleven other cases through negotiated settlement agreements or consent decrees, recovering over $153,000 for complainants. Respondents in these cases have agreed to comply with the LAD, revise written policies, provide reasonable accommodations, and conduct employee training on the LAD. Some respondents have agreed to DCR’s ongoing monitoring of reasonable accommodation requests.