Federal Law on Disability Discrimination
The Americans with Disabilities Act (ADA) prohibits employers with 15 or more employees from discriminating against individuals with mental or physical disabilities. The Equal Employment Opportunity Commission (EEOC) identifies key scenarios of disability discrimination:
- Unfavorable treatment due to disability or history of disability.
- Discrimination against someone perceived to have a disability, regardless of actual impairment.
- Discrimination based on association with a person who has a disability.
Under federal law, a person is considered to have a disability if they:
- Have a condition that significantly limits a major life activity.
- Have a history of such a condition.
- Are perceived as having a physical or mental impairment.
Employers must provide reasonable accommodations unless it causes undue hardship, considering factors like the employer’s size, financial resources, and operational needs.
New Jersey Regulations on Disability Discrimination
The New Jersey Law Against Discrimination (NJ LAD) prohibits disability discrimination in all employment phases, including hiring and application processes. NJ LAD prevents adverse actions based on disability, not qualifications. Under NJ LAD, disability includes:
- Physical disabilities from injury, birth defect, or illness.
- Mental, psychological, or developmental disabilities affecting normal functions.
Discrimination based on perceived or past disabilities is also illegal. Employers must offer reasonable accommodations, adhering to federal standards. For example, an employer cannot consider an employee’s disability in layoff decisions.
Harassment Prohibitions
Both federal and state laws prohibit harassment based on disability. Employers cannot subject individuals to harassment or allow others to do so due to their disability, at any employment stage. This applies to coworkers, supervisors, and customers.
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Castronovo & McKinney, LLC has a proven record of addressing disability discrimination claims through litigation or negotiation. Our legal team is dedicated to protecting your rights and advocating for your interests. Contact us today to take action on your case.
Castronovo & McKinney, LLC offers assistance with mental and physical disability discrimination claims across various locales in New Jersey, including Atlantic City, Bergen County, Essex County, Middlesex County, and Morris County.