Disability discrimination in the workplace is prohibited under both federal law and the New Jersey Law Against Discrimination (NJLAD). Employees and job applicants in Bergen County, NJ who experience discrimination because of a physical or mental disability have the right to pursue legal action against employers that violate these laws.
Federal Disability Discrimination Law
The Americans with Disabilities Act (ADA) protects employees and job applicants from disability discrimination by employers with 15 or more employees. The Equal Employment Opportunity Commission (EEOC) enforces the ADA and prohibits employers from:
- Refusing to hire, promote, or fairly treat someone because of a disability or a history of disability.
- Discriminating against an individual who is perceived to have a disability, even if they do not.
- Taking adverse action against someone because they have a relationship or association with a person who has a disability.
Under the ADA, a person may qualify for protection if they:
- Have a physical or mental impairment that substantially limits one or more major life activities.
- Have a documented history of such an impairment, including conditions in remission.
- Are regarded by an employer as having a disability, regardless of whether one exists.
Employers must provide reasonable accommodations that allow qualified employees to perform their jobs unless doing so would create an undue hardship based on the employer’s size, resources, or business operations. Reasonable accommodations may include modified work schedules, assistive equipment, leave, or changes to workplace policies.
New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination (NJLAD) provides broader protections than federal law and prohibits disability discrimination throughout every stage of employment, including recruiting, hiring, promotions, compensation, job assignments, discipline, layoffs, and termination. Employment decisions must be based on an individual’s qualifications and ability to perform the job, not on a disability.
Under NJLAD, disability includes:
- Physical disabilities, illnesses, injuries, congenital conditions, or impairments.
- Mental, psychological, intellectual, or developmental conditions that are medically or clinically recognized.
The law also protects individuals with past disabilities, perceived disabilities, and those who may be at risk of developing a disability. Employers must provide reasonable accommodations whenever required by law and cannot use an employee’s disability as a factor in workforce reductions or other employment decisions.
Disability Harassment in the Workplace
Disability-based harassment is also unlawful under both the ADA and NJLAD. Harassment may include offensive comments, ridicule, intimidation, exclusion, or other conduct that creates a hostile work environment because of a person’s disability. Employers have a legal obligation to prevent and address harassment by supervisors, coworkers, clients, or customers once they know or should know about the conduct.
Contact Our Bergen County Disability Discrimination Attorneys
Castronovo & McKinney, LLC represents employees in Bergen County, NJ who have experienced disability discrimination, harassment, or a failure to receive reasonable accommodations. Our attorneys handle claims through negotiation, administrative proceedings, and litigation, working to recover compensation and protect your rights under federal and New Jersey law.
If your employer discriminated against you because of a physical or mental disability, contact Castronovo & McKinney, LLC today. We provide legal representation to employees throughout Bergen County, NJ, and across New Jersey.
