Iselin-based Respondent George Dapper, Inc. provides transportation services to several school districts in central New Jersey and employs approximately 500 people. The former Dapper employee, whose name is being withheld to protect her medical privacy, began working as a part-time bus driver for Dapper in 2003 and was promoted in 2010 to a full-time, salaried position as a payroll clerk. In that role she handled administration of payroll for the company’s Trenton office.

Two years after her promotion, the employee was terminated and subsequently filed a discrimination Complaint against Dapper. The worker’s Complaint alleged that Dapper had discharged her after learning she was dealing with a mental-health-related illness. It also alleged that the company initially indicated its support for her by advising that she seek treatment, and also by advising that she would still have a job – albeit possibly one with different responsibilities – once she had received treatment and obtained a doctor’s note clearing her to return to work.

A Division on Civil Rights investigation determined that the employee met with both Dapper’s company President and Operations Director on July 7, 2012 regarding several incidents of unusual behavior on the job – incidents that management claimed raised concerns about her ability to fulfill her payroll clerk duties.

At that meeting, the woman was assured she would have a job upon obtaining a doctor’s note that cleared her for a return to active employment. Six days after that meeting -- on July 13, 2012 -- Dapper removed her from its payroll retroactive to July 6, 2012.

“This settlement represents a fair resolution to some troubling allegations. Employers have a clear duty under the law to provide a reasonable accommodation for workers with physical or mental disabilities. The fact that providing such an accommodation may involve effort, or even difficulty, does not entitle them to opt out in favor of termination. Employers are obligated to engage in an interactive process to determine if a reasonable accommodation can be put in place, and we will make every effort to ensure that they do so,” said Acting Attorney General Hoffman.

In addition to paying the former employee $45,000, Dapper must arrange under the settlement for training of its management staff and line employees on the New Jersey Law Against Discrimination (LAD). The company, which has denied engaging in discrimination, also must update its human resources policies to make clear that employees with physical and mental disabilities have a right to, and will be provided, reasonable accommodation.

Consistent with the direction she’d been given when meeting with company managers in July 2012, the Dapper employee obtained clearance from her psychiatrist and another professional expert to return to work. She met again with Dapper’s company president on Aug. 18, 2012 to discuss her return. However, after speaking with her, the Dapper company president decided the woman’s medical condition had not improved despite the professional opinions of the treating psychiatrist and a licensed clinical worker.

“Unfortunately, mental illness is still heavily stigmatized,” noted Division Director Craig T. Sashihara. “As with any type of illness, some things can be worked through, some things can’t. But as a general matter, when someone presents medical evidence indicating that the condition will not prevent him or her from performing the essential functions of the job, an employer with no medical expertise can’t simply ignore that evidence and make a personnel decision based on preconceived stereotypes or fears.”

In October 2012, the woman was offered a part-time position at Dapper driving a van, rather than working in the payroll office. At first, she rejected the offer because she had been working full-time previously, and the offered position involved fewer hours, lower pay and no benefits. However, she subsequently expressed interest in the part-time driver position, and was told the offer had been rescinded.

Deputy Attorney General Farng-Yi Foo, and Investigators James Over and Ana Limo-Magras handled the Dapper matter on behalf of the Division on Civil Rights.

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