Raspa v. Office of Sheriff

924 A.2d 435, 191 N.J. 323, 19 Am. Disabilities Cas. (BNA) 591, 2007 N.J. LEXIS 693
CourtSupreme Court of New Jersey
DecidedJune 12, 2007
StatusPublished
Cited by52 cases

This text of 924 A.2d 435 (Raspa v. Office of Sheriff) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raspa v. Office of Sheriff, 924 A.2d 435, 191 N.J. 323, 19 Am. Disabilities Cas. (BNA) 591, 2007 N.J. LEXIS 693 (N.J. 2007).

Opinions

[327]*327Justice RIVERA-SOTO

delivered the opinion of the Court.

This appeal requires that we address the threshold question of whether, as a matter of law, an employee can prosecute a claim alleging that his employer failed to accommodate the employee’s disability in violation of the Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), when the employee’s permanent disability renders him unable to discharge essential functions of the position in which he was employed. In this case, a county corrections officer developed a disabling disease that, in his doctor’s words, required that the corrections officer “be in an environment with minimum to no contact with prison inmates to insure minimum risk [to the corrections officer.]” After placing the corrections officer in several temporary light duty assignments over a three-year period, the county sheriffs office determined that it could not continue to extend light duty work to the permanently disabled corrections officer and processed his involuntary disability retirement.

We hold that an employee must possess the bona fide occupational qualifications for the job position that employee seeks to occupy in order to trigger an employer’s obligation to reasonably accommodate the employee to the extent required by the LAD. In that context, we further hold that an employer may reasonably limit light duty assignments to those employees whose disabilities are temporary, and that the availability of light duty assignments for temporarily disabled employees does not give rise to any additional duty on the part of the employer to assign a permanently disabled employee indefinitely to an otherwise restricted light duty assignment.

I.

On July 9, 1984, plaintiff Michael J. Raspa, Jr. was hired by defendant, the Sheriff of Gloucester County, as a corrections officer assigned to the Gloucester County Jail in Woodbury, New Jersey. Plaintiff discharged his employment duties without incident until October 1997, when he was diagnosed with a hyperac[328]*328tive thyroid, or Graves’ disease.1 In order to limit his thyroid functions, plaintiff was treated with radioactive iodine. As a corollary, plaintiff also developed Graves’ ophthalmopathy, a condition resulting in bulging eyes and possible double vision.2 There is no treatment to stop the immune system from producing the antibodies that cause Graves’ disease or its corollary, Graves’ ophthalmopathy; that is, there presently is no cure. However, Graves’ disease can be managed by either decreasing the production of, or blocking the action of, the hormone thyroxine. Similarly, the symptoms of Graves’ ophthalmopathy can be managed by medications or surgery.

Plaintiff continued discharging his regular and usual duties as a corrections officer until February 1999 when, due to his degenerating Graves’ ophthalmopathy, plaintiffs then-treating physician issued a doctor’s note stating that she expected that plaintiffs eye symptoms would “worsen” as a result of his daily radiation treatments, and “request[ing] he not supervise inmates.” Complying with this request, defendant placed plaintiff on “restricted duty status” and reassigned him to light duty positions at several locations and with different functions within the county jail system. Each of these light duty positions had a common denominator: they involved no immediate contact with inmates.

Four months later, in June 1999, defendant issued a general order addressing who would be eligible for assignment to those light duty positions. Distinguishing between corrections officers who had been injured on the job and those, like plaintiff, who were not suffering from a job-related disability, the general order [329]*329limited to thirty days any light duty assignment for someone who was not injured on the job. As a result of that order, defendant, although willing to accommodate those corrections officers who were not injured on the job, gave preference to and priority for the few available light duty assignments to those who had been injured on the job.

Despite the temporal limitation on light duty assignments contained in the general order, plaintiff continued in inmate-contactrestrieted assignments until January 2002, when defendant asked that plaintiff provide an updated doctor’s note concerning his condition. Plaintiffs then-physician, Dr. Nicos Nicolaou, of the Department of Radiation Oncology of the Fox Chase Cancer Center, wrote that plaintiff “need[ed] to be in a work environment with minimum to no contact with prison inmates to insure minimum risk of eye trauma due to his Grave’s [sic] disease.” Upon receipt of Dr. Nicolaou’s letter and at defendant’s request, plaintiff submitted to an examination by defendant’s physician, who disagreed and cleared plaintiff for unrestricted duty.

Consistent with its June 1999 general order, on June 10, 2002, defendant wrote a memorandum to Gloucester County’s personnel director, explained that plaintiff was employed as a county corrections officer and “an active member of the Police and Firemen’s Retirement System (PFRS)[,]” and, referencing Dr. Nicolaou’s letter, noted:

It is our opinion that the most recent medical report (attached) from [plaintiffs] physician specifically states that he is to have NO contact with inmates as part of his job function. The Sheriffs Department cannot comply, nor guarantee this type of "no contact” policy.
The assignment of light duty in an atmosphere where physical contact and confrontation are always possible must be viewed as detrimental to [plaintiffs] condition and personal safety.
I have done all that I can to accommodate [plaintiff], but I have no other options of placing him in a “positively safe environment.” I can no longer assure him, or the county, that he will not be injured. Therefore, it is necessary at this time that I regret to request that [plaintiff] be placed on disability retirement.

The next day, plaintiff secured a second letter from Dr. Nicolaou. Differing from his earlier statement that plaintiff “need[ed] to be [330]*330in a work environment with minimum to no contact with prison inmates to insure minimum risk of eye trauma[,]” Dr. Nieolaou now opined as follows: “Please continue light duty. [Plaintiff] needs to be in a work environment with limited contact with prison inmates to insure minimum risk of eye trauma due to his Grave’s [sic] disease.” Thus, once defendant raised the prospect of discontinuing plaintiff’s light duty assignments and placing him on disability retirement, plaintiffs job needs changed from one “with minimum to no contact with prison inmates” to one “with limited contact with prison inmates.” (Emphasis supplied).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Al Tabei v. Bally's Park Place, LLC
New Jersey Superior Court App Division, 2026
B.C. v. Robert Wood Johnson Barnabas Health
New Jersey Superior Court App Division, 2025
Robert Bernard v. Jennifer Webb-Mcrae
New Jersey Superior Court App Division, 2025
Daniela Burga v. Unifirst Corp.
New Jersey Superior Court App Division, 2025
Peter Laposta v. John F. Kennedy Medical Center
New Jersey Superior Court App Division, 2025
Leroy H. Gould v. New Jersey Department of Transportation
New Jersey Superior Court App Division, 2025
Paula Guzinsky v. New Jersey Department of Human Services
New Jersey Superior Court App Division, 2025
Colleen Scheuer v. Rmts, LLC
New Jersey Superior Court App Division, 2025
Bart Algozzini v. Dgmb Casino, LLC
New Jersey Superior Court App Division, 2024
Christopher Bohnyak v. Town of Westfield
New Jersey Superior Court App Division, 2024
Robin Thomas v. State of New Jersey, Department of Corrections
New Jersey Superior Court App Division, 2024
WRAITH v. WAYFAIR, INC.
D. New Jersey, 2023

Cite This Page — Counsel Stack

Bluebook (online)
924 A.2d 435, 191 N.J. 323, 19 Am. Disabilities Cas. (BNA) 591, 2007 N.J. LEXIS 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raspa-v-office-of-sheriff-nj-2007.