NJ Court Orders Judge to Undergo Mental Exam in Workplace Bias Suit

March 8, 2022
Hall Benefits Law, LLC

A U.S. magistrate judge for the U.S. District Court for the District of New Jersey granted the defendant’s request that Superior Court Judge Deborah M. Gross-Quatrone undergo an independent medical exam (IME) in her workplace discrimination claims against Bergen County Superior Court officials. The case is Deborah Gross-Quatrone v. Bonnie Mizdol et al., case number 2:17-cv-13111, U.S. District Court for the District of New Jersey.

Judge Gross-Quatrone’s lawsuit alleges that she developed major depressive disorder, generalized anxiety disorder, and related physical conditions due to a hostile work environment and gender discrimination caused by county court officials. In addition, she contends that she suffered emotional distress due to these conditions, which led her to file both this suit and a state court suit alleging that another set of judiciary defendants wrongfully denied her application for disability pension benefits.

Under Federal Rule of Civil Procedure 35(a), a court can order a party to undergo a mental exam or IME when that party’s mental condition is in controversy, and the moving party establishes good cause for the examination. To determine whether a party’s mental condition is in controversy, the court must utilize the test that the U.S. Court of Appeals for the Third Circuit established in Kuminka v. Atlantic County N.J., No. 13-3124 (2014). Under the Kuminka test, a case that involves a mental condition in controversy must have a claim of emotional distress, as well one of the following:

  • A claim for intentional or negligent infliction of emotional distress
  • An allegation of specific mental or psychiatric injury or disorder
  • A claim of unusually severe emotional distress
  • A plaintiff’s offer of expert testimony in support of the claim and/or
  • A concession by the plaintiff that their mental condition is in controversy

According to the judge in this case, Judge Gross-Quatrone placed her mental condition in controversy both by offering her psychiatrist’s testimony, although she later said she would not testify as an expert and by characterizing her emotional distress as severe.

Furthermore, the court reasoned that the defendants had shown good cause for Judge Gross-Quatrone to undergo an IME, as “emotional distress is the primary source” of her alleged damages. The court also rejected Judge Gross-Quatrone’s argument that she wasn’t seeking damages at trial for a specific psychiatric condition. The court distinguished the cases on which the Judge relied for her argument; the court found that those cases involved plaintiffs who were not alleging emotional harm that required psychiatric care supported by psychiatric personnel testimony or records.

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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