Officer Jason DeMent claims he was not allowed accommodations for a rare disease affecting his vision.
CAMDEN -- A lawsuit against Haddon Township and its police chief will continue in state court after a judge Friday refused to dismiss a former officer's claims of sexual harassment and wrongful termination.
Judge Francisco Dominguez ruled in favor of Jason DeMent, rejecting the defendants' motion to dismiss the suit, according to his attorney.
Haddon Township Police Chief Mark Cavallo DeMent, who was terminated from his job in 2015, has argued that Police Chief Mark Cavallo discriminated against him and did not provide reasonable accommodation after Dement was diagnosed with a rare disease that affected his eyesight. Dement also claims that his termination was in response to his refusal of Cavallo's unwanted sexual advances.
The case was originally filed in federal court in 2015, but a judge last fall dismissed the only federal claim. DeMent's attorney, Zachary Wall, filed suit in Superior Court in Camden County on Nov. 29, 2016.
Wall, of the Haddonfield practice Wall & London, said in an email Tuesday that he successfully argued that there was sufficient claims that DeMent's former boss had refused to discuss accommodations with him and applied department policies in a discriminatory way.
"The case will proceed and Mr. DeMent looks forward to having his day in court," Wall said.
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According to his civil complaint, DeMent was diagnosed with Stargardt's disease, a rare condition that affected his vision. His doctor wrote a note saying that DeMent shouldn't drive at night or in unfamiliar areas, but could otherwise perform his job.
DeMent informed Cavallo of the diagnosis in June 2015 and asked to be put on light duty at the police station while he pursued treatments. He had previously been on desk duty numerous times during a two-year period following a 2012 shoulder injury and had enough work to keep him busy, the suit stated.
However, DeMent claims that when he asked for the same accommodation due to his vision problem, Cavallo made a sexual comment that was rebuffed by DeMent.
The township informed DeMent in August that they had placed him on involuntary leave under the Family and Medical Leave Act and would be seeking to terminate him because he could not perform the basic functions required of the job, according to the suit. DeMent claims Cavallo indicated that allowing the accommodation for an off-duty injury or condition could open the "floodgates" for others to request accommodations.
DeMent alleges that the department has since "backpedaled," allowing another officer, identified only as J.C., to work light duty inside due to an off-duty bicycle accident. "The only difference between Officer J.C. and Officer DeMent is that plaintiff blew the whistle on Chief Cavallo's sexual harassment," Wall wrote in the suit.
DeMent also claimed that his former boss touched him inappropriately, made comments about his appearance and propositioned him.
He is seeking unspecified damages and reinstatement to his old job.
The township and Cavallo had previously argued in court that they did not have to accommodate DeMent because he no longer meets "the minimum qualifications to be a police officer and is not qualified to perform the essential functions."
Eric Riso, an attorney for the township, told the Courier-Post the suit is "without merit."
Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.