Sarah M. Block
Tue, 02/06/2024
On January 30, 2024, the New Jersey Supreme Court affirmed a jury decision finding that the State of New Jersey was liable for $10 million in punitive damages due to its discrimination against and failure to accommodate a female corrections officer (CO) working for the state’s Juvenile Justice Center (JJC). The Court had previously upheld the jury’s finding of liability and the award of compensatory damages.
Specifically, while receiving treatment for physical injuries incurred while breaking up a fight between inmates, the CO’s doctor suspected that she was suffering from the early stages of Multiple Sclerosis (MS). Her doctor provided a note stating that she could return to work with no restrictions but that she should be provided additional leave to seek a diagnosis and treatment for these unrelated, underlying health issues. The CO subsequently submitted a request for unpaid leave, but JJC denied the request. Although she was eventually approved for unpaid leave, the leave had a strict return-to-work deadline and included the caveat that no further requests for leave would be granted; if she did not return to work, she would be expected to resign. During her period of unpaid leave, the CO was officially diagnosed with MS and requested an additional 3 months of unpaid leave. This request was denied. As such, on her return-to-work date, the CO wrote to human resources stating that she was not able to return to work but did not want to resign. JCC informed the CO that, if she did not resign by the end of the week, she would be subject to disciplinary proceedings which could result in a termination with the loss of her pension. The CO then applied for retirement disability benefits. A few days later, the CO’s union contacted the JJC’s Americans with Disabilities Act (ADA) coordinator, arguing that she was forced to resign against her will and requesting that the JJC engage in the interactive process for reasonable accommodations, but the coordinator said that it was too late to do anything because the CO had already resigned. The lawsuit followed, called Pritchett v. State of New Jersey (Docket No. A-1414-21). After a trial, the CO was awarded $10 million in punitive damages.
In its January 30 Order, the New Jersey Supreme Court rejected the State’s claim that the $10 million punitive damages award violates substantive due process. The Court held that the State’s conduct was “especially egregious,” noting that management “behaved reprehensively in blithely dismissing plaintiff’s request for an unpaid leave of absence to accommodate treatment for her newly diagnosed MS,” and also ignored the advice of Human Resources personnel. The Court further held that a punitive damages award of approximately seven times greater than the compensatory award is not unreasonable or disproportionate to the injury. Ultimately, even when considering the State’s status as a public entity, the Court held that the $10 million punitive damages award was appropriate to deter future unlawful conduct.
Federal law as well as most state laws protect employees from discrimination, including disability discrimination, and preserve the right to reasonable accommodations. If you have questions about your rights or believe you have been denied protected rights or employment benefits, please contact MSE through our website to schedule a consultation with an experienced labor and employment attorney.
