Clowes v. Terminix Intern, Inc

In Clowes v. Terminix Intern, Inc., 109 N.J. 575, 538 A.2d 794 (1988), the issue was whether alcoholism was a handicap under the LAD. The Court began with the proposition that the LAD deserved a liberal construction since it was remedial social legislation. 109 N.J. at 590, 538 A.2d 794. After discussing the nature of alcoholism and its treatment by the medical profession as a disease, the Court observed that apart from a few exceptions the LAD "does not define the specific conditions that fall within its sweep." Id. at 593, 538 A.2d 794. After then taking note of two cases involving common physical disabilities not specifically defined as handicaps by the statute, but which had been held, nonetheless, to come within its definition of "handicap," the Court said: "Similarly, we see alcoholism as falling within that definition." Ibid. By way of further explanation, the Court added this: As generally understood by the medical profession, alcoholism is a disease that manifests itself by both physical and psychological symptoms. Depending on the symptoms presented in any one case, an alcoholic might suffer from either a "physical disability or infirmity . . . which is caused by illness," or from a "mental or psychological . . . disability resulting from psychological, physiological or neurological conditions which . . . is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques," N.J.S.A. 10:5-5(q), or both. We therefore hold that alcoholism is a handicap within the statute. Id. at 593-94, 538 A.2d 794. Obviously, "addiction to controlled dangerous substances" could easily replace "alcoholism" in this statement and the statement would remain medically accurate. But, the Court also emphasized that the Director of the Division on Civil Rights had decided as a matter of law that alcoholism is a protected handicap, noting that "this Court . . . places great weight on the interpretation given to a statute by the agency charged with its enforcement." Id. at 590, 538 A.2d 794.