Articles Tagged with New Jersey Psychological disqualification appeals

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New Jersey disability laws apply to civil service employment decisions such as hiring and promotion.  However, applicants with physical or psychological conditions must still be able to perform the essential functions of their prospective jobs with reasonable accommodation.  Fortunately, New Jersey civil service law provides a process tocomputer-300x200 protect the rights of applicants while ensuring that they are able to provide the vital public services of their prospective positions.

The Hiring and Promotion Process

The Civil Service Commission’s Regulations provide for disqualification from employment if an applicant:

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A Federal Appeals Court’s recent precedential decision in the case of Gibbs v. City of Pittsburgh may have profound implications for New Jersey civil service appeals from psychological disqualification of law enforcement officer applicants.


Christopher Gibbs applied to be a police officer with the Pittsburgh, Pennsylvania Police Department.  He was an honorably discharged Marine and had been accepted for employment with five other law enforcement agencies.  Similar to the practice in New Jersey and as required by Pennsylvania state law,  after he was found otherwise qualified Pittsburgh offered Gibbs an offer of employment conditioned upon passing an examination to determine whether he wascop psychologically fit for the job.  Gibbs had attention deficit hyperactivity disorder (“ADHD”).  The examining doctor found him unfit because of his ADHD.  The psychologists conducting the examination ignored the fact that Gibbs’s ADHD was under control, that five other departments had found him psychologically fit, that he had unblemished records as a police officer and a Marine, and they never explained how Gibbs’s ADHD would interfere with his ability to perform his duties as a police officer.

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Good afternoon.  We are here today to talk about removal from eligible lists because of failure to pass a psychological exam.

The way the hiring process for firefighters and law enforcement officers in civil service goes in New Jersey is that first there is a job opening.  It’s posted. Then the applicant will submit an application and take a test for the job.

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