East Windsor Settles Disability Discrimination Lawsuit For $50,000

EAST WINDSOR, NJ — East Windsor Township has agreed to pay $50,000 to settle a lawsuit alleging that the township's police department discriminated against a police officer applicant because of his disability, according to court documents. The case was first reported by Transparency, NJ.

According to the complaint filed in Mercer County Superior Court in August 2024, the plaintiff, Thomas Zyhajlo, applied for a police officer position with the East Windsor Township Police Department in January 2023.

The complaint states Zyhajlo graduated second in a class of 42 from the Cape May Police Academy in June 2022.

The complaint alleges that during a February 2023 interview with a panel of five East Windsor officers, a lieutenant asked Zyhajlo about his sources of income. When Zyhajlo mentioned his Veterans Affairs disability rating, he was told he "did not look as though he was disabled," according to the complaint.

The complaint further alleges Zyhajlo was asked how he placed second in the police academy if he was disabled, and was questioned about how his disability rating "works."

According to the complaint, Zyhajlo explained his 10 percent disability rating stemmed from a lumbo-sacral strain connected to chronic back pain from a compressed disc, which he attributed to years of getting in and out of vehicles while wearing approximately 30 pounds of gear.

The complaint also alleges the lieutenant asked Zyhajlo how he felt "taking money from the government" and whether he felt entitled to his disability rating. According to the complaint, the lieutenant then stood up and told Zyhajlo he "would not be a good fit" for the department.

The lawsuit alleged violations of the New Jersey Law Against Discrimination, including disability discrimination and perception of disability discrimination, and sought compensatory and punitive damages, along with equitable relief including reinstatement and back pay.

Under the terms of the settlement, signed in May 2026, East Windsor Township agreed to pay Zyhajlo $50,000, consisting of $22,702.95 for attorneys' fees and costs and $27,297.05 for Zyhajlo's non-economic emotional distress claim. As part of the release, the township did not admit to any wrongdoing, discrimination, or violation of law.

The settlement includes a non-disparagement clause and a confidentiality provision, though it notes the township, as a public entity, remains subject to disclosure requirements under the state's Open Public Records Act.

Have a correction or news tip? Email sarah.salvadore@patch.com