Tidbits from the article:
"In Cook v. Gregory Press, Inc., 2016 ... the Appellate Division reversed a trial court’s dismissal of a plaintiff’s disability discrimination case involving an employee eventually diagnosed with Lyme disease. The case involved Matthew Cook, who worked as a printing machine operator since 2002."
"At some later point in time, Cook was diagnosed with Lyme disease and began intravenous therapy for 27 days. His doctor noted that the combination of Lyme disease and the effects of the spinal tap would naturally have an effect on Cook’s ability to handle stress. Cook sued under the New Jersey Law Against Discrimination (NJLAD) for wrongful termination and failure to make reasonable accommodation.
The trial judge threw out Cook’s case, finding that Cook was terminated for his bad attitude, not because of any disability. The judge also found that it not the responsibility of the company to initiate the interactive process where all the plaintiff says is that he has a headache.
The Appellate Division reversed for the following reasons. It said that the definition of disability under the NJLAD is much broader than the ADA. Under the NJLAD the plaintiff only has to show a physical or psychological condition which prevents the normal exercise of any bodily or mental function. One need not show a substantial limitation of a major life activity as is required under the ADA.
Under the court’s analysis, Lyme disease is a serious condition which qualifies as a disability under the NJLAD. It said that Cook’s doctor established that his patient had physical symptoms of Lyme disease while employed by Gregory Press. Because of his condition, Cook had to undergo medical testing that caused severe headaches and required steroid treatment, both of which affected Cook’s ability to work.
The court also found that a jury could infer that the employer was aware of this disability, that Cook requested a reasonable accommodation in the form of leave, and that he could have been reasonably accommodated. "
/sites.google.com/site/marylandlyme/legal-cases/lyme-qualifies-as-disability-under-nj-law-against-discrimination--2016