A MCCC employee, who was fired after severe complications from COVID left him unable to work, has been rehired by the college and will receive $50,000 as part of a legal conciliation between the college and the New Jersey Division on Civil Rights (DCR).
A press release from Attorney General Matthew J. Platkin, states the employee was hospitalized and listed in critical condition on a ventilator where he later developed pneumonia, kidney failure, sepsis, and motor issues.
Several months later, the employee submitted documentation to the college stating that he needed to extend his leave by two months, which Mercer denied. He then requested to work a hybrid schedule which was also denied and, according to Mercer’s board minutes, the employee was terminated on July, 8 2022.
The employee was fired during the previous college administration led by then president Dr. Jianping Wang. Dr. Wang was removed from her job in spring of 2022 following protracted battles with the college’s Board of Trustees.
Mercer’s new president, Dr. Debi Preston oversaw the resolution to the case. When asked about Mercer’s response to the situation, Dr. Preston says, “I can say that we take disability laws very seriously, and we care very much about the health and well-being of our employees.”
Dr. Preston continued, “We made a decision [to terminate the employee] that felt appropriate based on the information we had at the time.”
As a result of the termination, the Mercer employee sought representation from DCR alleging that Mercer discriminated against him based on his disability status by firing him instead of granting his extension of leave.
According to Mercer’s Board of Trustees meeting minutes, the college and the DCR attended conciliation in September of 2022, in “an effort to resolve this matter without an admission of liability and/or the necessity for further proceedings, including a public hearing.”
Mercer’s Board accepted all terms of the settlement which included not only rehiring and paying $50,000 as compensation to the employee, but also making sure that college policies and practices comply with NJ Law Against Discrimination (LAW), paying $10,000 to the DCR, training Mercer employees to comply with LAD, and providing regular reports to DCR. It is not clear for how long those reports will need to be made.
The VOICE reached out to the NJ Office of the Attorney General who declined to comment on details of the case. When asked about protections for employees with disabilities, Allison Inserro, NJ Office of the Attorney General’s Public Information Officer said that the LAD prohibits discrimination and bias-based harassment on many protected classes in employment including disability.
Inserro says, “In an employment case, an employer cannot treat someone differently because of their disability, and an employer must provide reasonable accommodations to a person with a disability unless doing so would be an undue burden on their operations.”
Dr. Robert Klienschmidt, the Dean of Liberal Arts, who was the employee’s direct supervisor and who hired his replacement declined an interview, instead referring The VOICE to Erica Oliver, Executive Director of Marketing & Communications. She provided a statement via email saying:
“The College’s voluntary decision to return the staff member to work was part of a conciliation process used by the Division on Civil Rights to facilitate amicable mediation and resolution of complaints and avoid protracted litigation and fees. Although the College denied the allegations and resolved the matter without admitting any wrongdoing, we are pleased that the staff member has returned to an active employment role.”
Although Oliver’s statement notes Mercer admits no wrongdoing, the press release from the Office of the Attorney General, states that “the college offered no evidence that granting the employee’s request for an extension of leave, or allowing him to work a hybrid schedule, would have imposed an undue hardship on its business operations.”
When asked about the conflicting statements, Dr. Preston says, “We weighed the potential cost of litigation, not just in terms of money but in terms of time, energy, effort. We also took into account that we wanted the best for [the employee] and we decided that we would settle. We would not admit any wrongdoing, but we would settle and settling has nothing to do with whether you think you’re going to win or lose. It’s just a decision about whether it’s worth it to go to court.”
The VOICE reached out to the employee who declined an interview saying in an online message, “I am not taking any interviews about my bout with covid. Or anything about Mercer County Community College. I am in good health and so are my children. I’d like to leave whatever in the past.”
NOTE: A print edition of this article incorrectly indicated the date of Dr. Wang’s separation from MCCC. The year was 2022. The error has been corrected above.
