Disability discrimination in the workplace is illegal under both federal and New Jersey state laws. Individuals who face discrimination due to physical or mental disabilities are entitled to legal protection and remedies.
Federal Disability Discrimination Law
The Americans with Disabilities Act (ADA) of 1990 prohibits employers with 15 or more employees from discriminating against individuals based on their disabilities. The Equal Employment Opportunity Commission (EEOC) outlines several scenarios where discrimination can occur:
- Discriminating against an employee or applicant due to their disability or history of disability.
- Discriminating against someone perceived to have a disability, even if they do not actually have one.
- Discriminating against someone because they are related to a person with a disability.
To be considered disabled under federal law, an individual must meet one of the following criteria:
- Have a physical or mental condition that significantly limits a major life activity.
- Have a history of disability, such as being in remission from cancer.
- Be perceived as having a disability, whether or not they actually have one.
Employers are required to provide reasonable accommodations unless it would cause undue hardship, determined by factors like company size and financial resources. Accommodations must not create excessive burdens on the employer, even if they incur some cost or time.
New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination (NJ LAD) similarly prohibits disability discrimination in all stages of employment, from hiring to job assignments and promotions. Employers cannot make decisions based on disability status instead of qualifications.
Under NJ LAD, disability includes:
- Any physical disability, injury, or condition resulting from birth defects, illness, or bodily injury.
- Any mental or psychological condition that impairs normal physical or mental functions, and is clinically diagnosed.
Employees are protected even if they do not currently have a disability. Discrimination based on perceived or past disabilities is also prohibited, as is discrimination based on the potential to acquire a disability in the future.
Employers are required to provide reasonable accommodations as outlined under federal law. For instance, an employer cannot use an employee’s disability or need for accommodations as a factor in layoff decisions during downsizing.
Harassment Based on Disability
Both federal and state laws prohibit harassment based on disability. Employers must prevent or stop harassment related to disability in the workplace, including during the hiring process, throughout employment, and upon termination. Federal law also prohibits harassment by coworkers, supervisors, or customers based on disability.
Contact Our Experienced Margate City Disability Discrimination Attorneys
Castronovo & McKinney, LLC has a strong record of handling disability discrimination cases effectively through both litigation and negotiation. Our team is dedicated to protecting your rights and ensuring the best possible outcome for your case.
If you have been discriminated against due to a mental or physical disability, contact us today. We offer legal services for individuals facing discrimination by employers in Margate City, NJ, and nearby areas.