It is possible to certify discrimination claims brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”) as class action claims. In Alleyne v. NJ Transit 2020 N.J. Super. Unpub. LEXIS 1686 (Law Div., decided Aug. 28, 2020) a New Jersey trial court certified a class action for disability discrimination. In 2018, Plaintiff Anthony Alleyne filed a class action lawsuit against his employer, the New Jersey Transit Corporation (NJ Transit), alleging that NJ Transit violated the LAD by discriminating against him based on his disability, sleep apnea. The court granted Alleyne’s motion to certify the following class: “individuals who were removed from service with NJ Transit and required to submit to sleep apnea testing while employed by NJ Transit at any time from September 19, 2016 to present.”
On October 5, 2016, Alleyne attended his routine physical examination. During the exam, Alleyne’s body mass index and neck circumference were measured. The doctor conducting the examination informed Alleyne that he believed Alleyne may have sleep apnea. Based on the doctor’s suspicions, NJ Transit removed Alleyne from service that same day. At that time, Alleyne was employed as a locomotive engineer.
Once removed, Alleyne was required by NJ Transit to undergo further testing and was diagnosed with mild to moderate sleep apnea. He was informed that, based on the results of his tests, NJ Transit required him to wear a Continuous Positive Airway Pressure (CPAP) machine and maintain a certain level of compliance before he could return to work. He paid out of pocket for the costs of tests incurred from the treatments and examinations required by NJ Transit. NJ Transit did not reimburse him for the costs and did not compensate him for the time he spent out of service.