Is there a problem, officer? Dismissal of NJ state trooper’s disability bias claims upheld

The New Jersey Appellate Division recently upheld the trial court’s dismissal of a state trooper’s failure-to-promote, hostile work environment, and retaliation claims. The appellate court rejected the officer’s New Jersey Law Against Discrimination (NJLAD) claims because it said he failed to set forth enough facts to show the state police violated the law with respect to his employment.

Facts

Michael Stonnell began working as a trooper with the New Jersey State Police in 1993. In 2006, he requested and was granted a transfer to the agency’s Marine Bureau Station in Atlantic City.

In the summer of 2013, Stonnell was diagnosed with skin cancer. Then in September, a sergeant instructed him to contact the medical services unit to request a medical leave of absence, which he refused. As a result, his supervisor initiated an internal investigation into the trooper’s conduct for disobeying a direct order, which ultimately led to a written reprimand.

While the internal investigation was pending, a promotional opportunity became available for a sergeant position. Because of the internal probe, however, Stonnell was ineligible for promotion.

Additionally, in November 2013, Stonnell was transferred to the Marine Bureau’s special operations section, which is part of the agency’s infrastructure protection unit, located in West Trenton. The section was located further from his home. He remained stationed there until he took a “stress leave” in July 2014 and subsequently retired on January 1, 2018.

Trial court’s decision