Castronovo & McKinney, LLC specializes in legal services for individuals facing discrimination due to mental or physical disabilities in Brigantine, NJ. Understanding your rights is crucial, and our experienced team is here to help you navigate the complexities of discrimination laws.
Federal Law on Disability Discrimination
The Americans with Disabilities Act of 1990 (ADA) prohibits employers with 15 or more employees from discriminating against individuals based on mental or physical disabilities. The Equal Employment Opportunity Commission (EEOC) identifies several forms of disability discrimination:
- Unfavorable treatment of an employee or applicant due to their disability or a history of disability.
- Discrimination against someone perceived to have a disability, regardless of whether they actually have one.
- Discrimination based on association with a person with a disability.
To qualify as having a disability 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 remission from cancer.
- Be perceived as having a physical or mental impairment, even if no actual impairment exists.
Employers must provide reasonable accommodations unless doing so would create undue hardship, taking into account the employer’s size, financial resources, and operational needs.
State Regulations on Disability Discrimination
The New Jersey Law Against Discrimination (NJ LAD) broadly prohibits disability discrimination in all employment phases, including hiring, application processes, and training. Similar to federal law, NJ LAD prevents adverse actions based on disability rather than qualifications.
Disability under state law includes:
- Physical disabilities from injury, birth defects, or illness.
- Mental, psychological, or developmental disabilities that hinder normal bodily or mental functions.
Discrimination against individuals with perceived or past disabilities is illegal, as is discrimination against those who may acquire a disability in the future.
Employers are required to provide reasonable accommodations in line with federal standards, and cannot use an employee’s disability or accommodation needs as a factor in layoffs during business downsizing.
Harassment Prohibitions
Both federal and state laws prohibit harassment based on disability. Employers must ensure that individuals are not subjected to harassment due to their disabilities throughout all employment stages. This includes application, hiring, employment, and termination processes. Federal law also prohibits harassment by coworkers, supervisors, or customers.
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Castronovo & McKinney, LLC has a proven track record in handling disability discrimination claims through litigation and negotiation. Our dedicated legal team is committed to protecting your rights and advocating for your best interests. Reach out today to discuss your case.