SENATE LAW AND PUBLIC SAFETY COMMITTEE
STATEMENT TO
SENATE, No. 703
with committee amendments
STATE OF NEW JERSEY
DATED: MARCH 21, 2022
The Senate Law and Public Safety Committee reports favorably
Senate Bill No. 703, with committee amendments.
As amended and reported by the committee, this bill establishes
employment protections for paid first responders who are diagnosed
with certain cases of work-related post-traumatic stress disorder
(PTSD).
Under the amended bill, an employer is prohibited from
discharging, harassing, or otherwise discriminating against an
employee, or threatening to do so, with respect to the compensation,
terms, conditions, duties, or privileges of employment on the basis
that the employee took or requested any leave related to a
qualifying diagnosis of PTSD.
Under the amended bill, a PTSD diagnosis qualifies if it is made
by a licensed physician or licensed mental health professional and
as determined by the practitioner, the post-traumatic stress disorder
arose:
(1) as a direct result of the employee experiencing or witnessing
a traumatic event during and within the scope of the performance of
regular or assigned duties of the employee; or
(2) due to vicarious trauma experienced by the employee as a
direct result of the performance of regular or assigned duties of the
employee.
The amended bill provides that if an employer violates its
provisions, an employee or former employee would be authorized to
institute a civil action in the Superior Court for relief. All remedies
available in common law tort actions would be available to a
prevailing plaintiff. Additionally, the amended bill provides that a
court would be authorized to order any or all of the following relief:
(1) an assessment of a civil fine of $5,000 for a first violation
and $10,000 for each subsequent violation;
(2) an injunction to restrain the continued violation of any of the
provisions of the bill;
(3) reinstatement of the employee to the same position or to a
position equivalent to that which the employee held prior to
unlawful discharge or retaliatory action;
(4) reinstatement of full fringe benefits and seniority rights; 2
(5) compensation for any lost wages, benefits and other
remuneration; or
(6) payment of reasonable costs and attorney's fees.
The amended bill defines a “first responder” as a law
enforcement officer; paid firefighter; paid member of a duly
incorporated first aid, emergency, ambulance, or rescue squad
association; paid emergency medical technician; paid paramedic; or
paid 9-1-1 first responder dispatcher.
“Law enforcement officer” is defined in the amended bill as a
person employed as a permanent full-time member of any federal,
State, county or municipal law enforcement agency, department, or
division of those governments who is statutorily empowered to act
for the detection, investigation, arrest, conviction, detention, or
rehabilitation of persons violating the criminal laws of this State or
of the United States and statutorily required to successfully
complete a training course approved by the Police Training
Commission or certified by the commission as being substantially
equivalent to an approved course.
This bill was pre-filed for introduction in the 2022-2023 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
COMMITTEE AMENDMENTS:
The committee amended the bill to:
1) include a paid emergency medical technician, paid paramedic,
and paid 9-1-1 first responder dispatcher in the definition of a first
responder; and
2) make technical corrections.