Castronovo & McKinney, LLC offers legal services to individuals facing discrimination due to physical or mental disabilities in Berkeley Heights, NJ. If you believe you’ve been discriminated against by your employer because of a disability, it’s important to understand your rights and the legal protections available to you.
Federal Disability Discrimination Laws
The Americans with Disabilities Act (ADA) of 1990 protects individuals from disability-based discrimination in the workplace. The ADA applies to employers with 15 or more employees, prohibiting them from discriminating against individuals based on a physical or mental disability. The Equal Employment Opportunity Commission (EEOC) identifies several forms of disability discrimination, including:
- Discriminating against an employee or job applicant due to their disability or a history of disability.
- Discrimination against someone perceived to have a disability, even if they do not.
- Discrimination due to association with a person with a disability.
Under federal law, a person is considered to have a disability if they:
- Have a physical or mental condition that substantially limits a major life activity.
- Have a history of disability, such as being in remission from cancer.
- Are perceived as having a disability, even if no actual impairment exists.
Employers are required to provide reasonable accommodations unless doing so would create an undue hardship, considering the company’s size, resources, and operational needs.
New Jersey Disability Discrimination Laws
The New Jersey Law Against Discrimination (NJ LAD) prohibits disability discrimination in all employment stages, including hiring, job application, training, and termination. The law mirrors federal protections, making it illegal for employers to take adverse actions based on disability status.
Under NJ LAD, a disability includes:
- Physical disabilities from injury, illness, or birth defects.
- Mental, psychological, or developmental disabilities that impair bodily or mental functions.
- Perceived disabilities or a history of disability, including those who may acquire a disability in the future.
Employers in New Jersey must provide reasonable accommodations in the same way federal law requires, and cannot use a disability or need for accommodations as a reason for layoffs during downsizing or layoffs.
Harassment Based on Disability
Both federal and state laws prohibit harassment based on disability. Employers are required to prevent harassment throughout all phases of employment, including hiring, training, and termination. This includes harassment by supervisors, coworkers, or customers.
Contact Our Experienced Disability Discrimination Lawyers in Berkeley Heights, NJ
Castronovo & McKinney, LLC has a proven track record of handling disability discrimination cases, both through negotiation and litigation. Our dedicated team is committed to ensuring your rights are protected. If you’ve been discriminated against by an employer due to your disability, contact us today to discuss your case and how we can help.