Last week, the Senate Law and Public Safety Committee favorably reported S-2373, which provides employment protections for paid first responders diagnosed with post-traumatic stress disorder under certain conditions. This is despite the League and Municipal Excess Liability Joint Insurance Fund (MEL-JIF) communicating to the committee that these protections already exist in current law and practice.
It has already been well established by both statute and court decisions that public employers may not discharge, harass, or otherwise discriminate or retaliate against an employee based on health-related matters, including post-traumatic stress disorder.
What this bill does is expose public employers and the workers’ compensation system to lawsuits by current and former employees that include not only remedies available in common law tort actions, but also civil fines and attorney’s fees for the plaintiff. This will triple taxpayers’ costs to fund such claims. Further, it makes this private cause of action the “sole remedy” for a violation of this act.
This legislation has been second referenced to the Senate Budget and Appropriations Committee. A-2145, the Assembly companion, passed the Assembly Law and Public Safety Committee in January and was second referenced to the Assembly Appropriations Committee.
Because this legislation will increase municipal costs for a benefit that already exists, we urge you to reach out to your Senator and Assemblymembers and urge them to vote no.
Contact: Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110.