Discrimination based on physical or mental disability is prohibited by both federal and New Jersey law, including in Estell Manor, where employers cannot discriminate against individuals because of their disability status.
Federal Disability Discrimination Law
The Americans with Disabilities Act (ADA) of 1990 requires employers with 15 or more employees to avoid discrimination based on physical or mental disability. The Equal Employment Opportunity Commission (EEOC) outlines several discriminatory actions, including:
- Favorable treatment of employees or applicants because of their disability or history of disability.
- Discrimination against individuals based on perceived physical or mental impairment, regardless of actual impairment.
- Discrimination based on association with someone who has a disability.
To qualify as disabled under federal law, an individual must meet one of these criteria:
- 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, regardless of actual condition.
Employers are required to provide reasonable accommodations unless doing so would cause undue hardship, considering the employer’s size, financial resources, and operations. Accommodations should not impose excessive burden on the employer.
New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination (NJ LAD) also prohibits disability discrimination in the workplace across all phases of employment, including hiring, application processes, and promotions. Like federal law, NJ LAD protects individuals from discrimination based solely on their disability rather than their qualifications.
Under New Jersey law, disabilities include:
- Physical disabilities from injury, illness, or birth defects.
- Mental, psychological, or developmental disabilities that affect normal bodily or mental functions.
Individuals may face discrimination under NJ LAD even if they do not currently have a disability. Discrimination based on a past or perceived disability is equally prohibited. Employers must also avoid discrimination based on the possibility of acquiring a disability in the future.
Similar to federal law, employers are obligated to provide reasonable accommodations for employees with disabilities. The Attorney General’s Office provides an example: employers cannot consider an employee’s disability when making decisions about layoffs during downsizing.
Harassment Prohibition
Both federal and state laws forbid harassment based on disability. Employers must ensure a workplace free from disability-based harassment, whether by coworkers, supervisors, or customers. This protection extends to all employment stages, including hiring, during employment, and at termination.
Contact Our Experienced Disability Discrimination Attorneys
Castronovo & McKinney, LLC specializes in representing individuals who have experienced disability discrimination in Estell Manor. Our legal team is skilled at handling disability discrimination claims, whether through litigation or negotiation, and is committed to advocating for your rights. If you have faced discrimination, reach out today for experienced legal representation.
For more information, please contact Castronovo & McKinney, LLC.