Disability Discrimination and Your Workplace Rights in Longport, NJ
Both federal and New Jersey state laws protect employees in Longport, NJ from workplace discrimination based on disability. If you have been treated unfairly due to a physical or mental condition, you may be entitled to legal remedies.
Federal Disability Discrimination Protections
The Americans with Disabilities Act of 1990 (ADA) applies to employers with 15 or more employees. Under the ADA, it is illegal to:
- Discriminate against an employee or job applicant because of a disability or a history of disability.
- Discriminate against someone perceived to have a disability, even if they do not actually have one.
- Discriminate based on an employee’s relationship with someone who has a disability.
Disability, under federal law, is defined as a condition that substantially limits a major life activity, a history of such a condition, or being regarded as having a disability. Employers are also required to provide reasonable accommodations unless doing so would create significant difficulty or expense.
New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination (NJ LAD) offers extensive protections against workplace discrimination. It applies throughout all stages of employment, including hiring, promotions, and job assignments. Employers are prohibited from making employment decisions based on disability rather than qualifications.
Under NJ LAD, disability includes:
- Physical disabilities, injuries, or conditions caused by illness, birth defects, or accidents.
- Mental or psychological conditions that impair bodily or mental functions.
The law protects current, past, and perceived disabilities, as well as those that may develop in the future. Just like federal law, NJ LAD mandates that employers provide reasonable accommodations. This includes not using disability as a factor in deciding layoffs during downsizing.
Disability Harassment in the Workplace
Harassment based on disability is prohibited under both federal and state law. Employers are required to prevent and stop harassment at all stages of employment, from recruitment to termination. This includes harassment from supervisors, coworkers, or customers.
Legal Support for Disability Discrimination in Longport
Castronovo & McKinney, LLC offers legal services to employees in Longport, NJ, who have been subjected to disability discrimination. Our attorneys are experienced in litigation and negotiation, and we are committed to protecting your rights under both federal and state laws.
If you believe you have been discriminated against due to a disability, contact us to explore your legal options. We proudly represent employees in Longport and across New Jersey who have faced discrimination by their employers.