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Perceived Handicap Discrimination

What acts by employers actually create a hostile work environment constituting harassment? Are rumors or a perception by the employee that he or she has been labeled as "anorexic" enough? Partner Thomas Ryan successfully defended a nursing home and supervisory personnel against claims of harassment and emotional distress brought by a former employee who claimed that supervisors had labeled her with the perceived handicap of anorexia. The court disagreed, dismissing all claims against the employer and saying that the events described as 'harassment" must have a clear connection to a perceived handicap. Supervisory discipline and referring an employee to an employee assistance program, among other acts, did not have such a connection. This decision was reported in the New Jersey Employment Law Reporter.

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