NJ District Pays $115k To Secretary After COVID In-Person Rule Lawsuit

PATERSON, NJ — Paterson Public Schools paid a former secretary $115,000 to settle a lawsuit stemming from the district's return-to-work requirement for employees in the first year of the COVID-19 pandemic.

Shelly Black, who had been a secretary for 15 years, claimed she was forced into retirement after the district refused her a medical accommodation to work remotely.

She filed her lawsuit in Nov. 2021, and the Paterson Board of Education approved the settlement at their Jan. 2 meeting with no discussion.

According to the lawsuit, Black suffered a heart attack in April of 2019 and took a medical leave of absence for five months. Upon returning to school, she requested additional accommodations for the medical treatment necessary to manage her heart condition.

When COVID-19 forced schools to pivot to online learning in the spring of 2020, Paterson Public Schools staff were able to work remotely the remainder of the spring and summer. In August 2020, the lawsuit states, district officials began requiring some staff to return to work in-person two days a week.

Black's doctor wrote a letter affirming that she had a chronic medical condition and that it was necessary for her to work from home because she was more at risk of contracting COVID, according to court documents. She also submitted a letter to then-Superintendent Eileen Shaffer saying that she was concerned about the lack of safety protocol at her elementary building.

However, the lawsuit states, district officials denied Black a medical accommodation and she was forced to retire to protect herself.

"I am making a decisive decision to retire to prevent jeopardizing my health and wellness due to COVID-19 and my compromised health condition," she wrote to the district's Director of Employee Services on Nov. 22, 2020.

The lawsuit alleged that the district violated state law against discrimination and the New Jersey Conscientious Employee Protection Act.