Egg Harbor City Physical or Mental Disability Attorney

Egg Harbor City Physical or Mental Disability Lawyers

Castronovo & McKinney, LLC provides legal services to individuals in Egg Harbor City, NJ, who have faced workplace discrimination based on mental or physical disabilities. Federal and New Jersey laws strictly prohibit such discrimination.

Federal Disability Discrimination Law

The Americans with Disabilities Act of 1990 (ADA) requires employers with 15 or more employees to avoid discrimination against individuals due to disabilities. The Equal Employment Opportunity Commission (EEOC) highlights key violations, including:

  • Unfair treatment of employees or applicants because of a disability or history of disability.
  • Discrimination based on perceived disabilities, regardless of actual impairment.
  • Discrimination due to association with a person who has a disability.

To qualify as disabled under federal law, a person must:

  • Have a physical or mental condition that significantly limits major life activities.
  • Have a history of disability (e.g., cancer remission).
  • Be perceived as having a disability, even if none exists.

Employers must provide reasonable accommodations unless it causes undue hardship, considering factors like company size and financial resources.

New Jersey Disability Discrimination Law

The New Jersey Law Against Discrimination (NJ LAD) bans disability discrimination in all employment stages, including hiring, applications, and promotions. Disability under NJ LAD includes:

  • Physical disabilities from injury, birth defects, or illness.
  • Mental, psychological, or developmental disabilities diagnosable by clinical standards.

Discrimination based on perceived, past, or potential future disabilities is illegal. Employers must offer reasonable accommodations consistent with federal standards. For example, layoffs cannot be based on disability status or accommodation needs.

Prohibition of Harassment

Both federal and state laws forbid harassment due to disability during any employment phase. Employers must prevent and address harassment by coworkers, supervisors, or customers.

Contact Our Experienced Disability Discrimination Attorneys in Egg Harbor City, NJ

Castronovo & McKinney, LLC has a strong record in handling disability discrimination cases through litigation and negotiation. Our legal team is committed to protecting your rights and securing fair treatment. Reach out today to discuss your case and explore your options.