Federal Law on Disability Discrimination
The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against individuals with physical or mental disabilities in workplaces with 15 or more employees. The Equal Employment Opportunity Commission (EEOC) recognizes the following forms of disability discrimination:
- Discrimination based on a current or past disability.
- Discrimination based on a perceived disability, regardless of whether one exists.
- Discrimination based on association with a person who has a disability.
A disability is defined as a condition that significantly limits a major life activity, a past disability, or a perceived impairment. Employers must make reasonable accommodations unless it causes undue hardship, which is determined by factors like the size and resources of the business.
New Jersey Law Against Discrimination (NJ LAD)
The New Jersey Law Against Discrimination (NJ LAD) also prohibits discrimination based on disability throughout all phases of employment, including hiring, promotions, and termination. The law covers both physical and mental disabilities, including those from injuries, illnesses, or birth defects. It extends protections to conditions affecting mental, psychological, or developmental functions.
Under NJ LAD:
- Disabilities can be physical, mental, or developmental.
- It protects individuals with perceived, past, or future disabilities.
- Employers are required to provide reasonable accommodations unless it would cause undue hardship.
Harassment Protections
Both federal and state laws forbid harassment based on disability. Employers must prevent harassment throughout employment processes, including hiring, job assignments, and termination.
Contact Experienced Disability Discrimination Attorneys in Buena Vista Township, NJ
If you’ve experienced disability discrimination at work, the team at Castronovo & McKinney, LLC is ready to advocate for your rights. With extensive experience handling these cases, we are committed to providing dedicated legal representation. We serve individuals in Buena Vista Township, NJ, and surrounding areas. Contact us today to discuss your case and take the next steps in protecting your rights.