In general, the law opposes employers discriminating against employees based upon a disability or a perceived disability. This isn’t true, though, when an employee’s disability could translate to a risk to herself, her co-workers, or the employer’s customers or clients. The key then, for any employee pursuing a New Jersey disability discrimination case, is to show that such a risk doesn’t exist. For one North Jersey nurse, the fact that there was no proof that she was a “materially enhanced risk of serious harm” to herself, her patients, or her co-workers meant that she was allowed to go forward with her disability discrimination case, according to the New Jersey Supreme Court.
The plaintiff was an experienced registered nurse who had begun, in 2000, working in a hospital unit where roughly 50% of the patients were stroke victims. These patients needed considerable assistance with regular daily activities. Starting in 2007, the nurse had several work-related accidents. First, she injured her left shoulder moving a patient. That injury required surgery. Then she injured her right shoulder a year later. That injury required no medical action. Then she re-injured her left shoulder, requiring another surgery. Finally, she injured her cervical spine, which required back surgery.