In Egg Harbor Township, adherence to both federal and New Jersey laws is paramount in prohibiting discrimination in the workplace based on mental or physical disability. These legal frameworks encompass a wide array of aspects concerning disability discrimination.
Federal Legislation Addressing Disability Discrimination
The Americans with Disabilities Act of 1990 (ADA) mandates that employers with 15 or more employees refrain from engaging in discriminatory practices against individuals due to mental or physical disability. The Equal Employment Opportunity Commission (EEOC) outlines various scenarios where disability discrimination may occur:
- Treating an employee or applicant unfavorably because of their disability or past history of disability.
- Discriminating against an individual perceived to have a physical or mental impairment, regardless of whether they actually have such an impairment.
- Discriminating against an individual based on their association with a person who has a disability.
The EEOC sets forth criteria for defining a person with a disability under federal law:
- Having a physical or mental condition that significantly limits a major life activity.
- Having a history of disability, such as remission from cancer.
- Being perceived as having a physical or mental impairment, irrespective of actual impairment.
Employers are obligated to provide reasonable accommodations for disabled employees unless it presents an undue hardship, taking into account factors such as the employer’s size, financial resources, and operational needs.
Regulations in Egg Harbor Township
The New Jersey Law Against Discrimination (NJ LAD) broadly prohibits disability discrimination in Egg Harbor Township across various stages of employment, including hiring, application processes, and consideration for positions, apprenticeships, and traineeships. Analogous to federal law, NJ LAD prevents employers from taking adverse actions against individuals based on disability rather than qualifications.
Under state law, disability encompasses:
- Physical disabilities arising from bodily injury, birth defect, or illness.
- Mental, psychological, or developmental disabilities hindering normal bodily or mental functions or clinically diagnosable through accepted tests.
Notably, individuals need not currently have a disability to experience discrimination under state law. Discrimination based on perceived or past disabilities is also prohibited. Moreover, individuals cannot face discrimination based on the potential acquisition of a disability in the future, as stipulated by the Attorney General’s Office.
Employers in Egg Harbor Township must provide reasonable accommodations for disabled employees, adhering to federal standards. For instance, an employer cannot consider an employee’s disability or accommodation needs in layoff decisions during business downsizing, as per the Attorney General’s Office.
Prohibition of Harassment
Both federal and state laws prohibit harassment based on disability. According to the NJ Attorney General’s Office, employers cannot subject individuals to harassment or allow others to do so due to their disability. This prohibition applies across all employment stages, including application, hiring, employment, and termination. Similarly, federal law prohibits disability-based harassment by any individual in the workplace, whether it be a coworker, supervisor, or customer.
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Contact Our Accomplished New Jersey Disability Discrimination Attorneys Castronovo & McKinney has a proven track record of effectively addressing disability discrimination claims, whether through litigation or negotiation. Our committed legal team is dedicated to protecting your rights and advocating for your best interests. Contact us today to take action on your case.
Castronovo & McKinney, LLC offers assistance with mental and physical disability discrimination claims across various locales in New Jersey, including Bergen County, Essex County, Middlesex County, and Morris County, as well as cities such as Hackensack, Newark, New Brunswick, and Morristown.