Federal Law on Disability Discrimination
The Americans with Disabilities Act of 1990 (ADA) requires employers with 15 or more employees to avoid discriminating against individuals with mental or physical disabilities. The Equal Employment Opportunity Commission (EEOC) identifies several types of disability discrimination:
- Unfavorable treatment due to a disability or history of disability.
- Discrimination based on a perceived disability, regardless of actual condition.
- Discrimination due to association with a disabled person.
A person qualifies as having a disability under federal law if they:
- Have a condition that significantly limits a major life activity.
- Have a history of such a disability.
- Are perceived as having a physical or mental impairment.
Employers must provide reasonable accommodations unless it causes undue hardship, considering factors like the employer’s size, financial resources, and operational needs.
New Jersey Law Against Discrimination (NJ LAD)
NJ LAD prohibits disability discrimination in all employment stages, including hiring and job applications. It also forbids adverse actions based on disability rather than qualifications. Disability under NJ law includes:
- Physical disabilities from injury, birth defect, or illness.
- Mental, psychological, or developmental disabilities affecting normal functions or diagnosable by accepted tests.
NJ LAD also covers perceived, past, or potential future disabilities and mandates reasonable accommodations unless it causes undue hardship.
Harassment Prohibitions
Federal and state laws forbid harassment based on disability. Employers must prevent harassment throughout all employment stages, including application, hiring, employment, and termination.
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Castronovo & McKinney, LLC has a strong track record in handling disability discrimination claims through litigation or negotiation. Our team is dedicated to protecting your rights and advocating for your interests. Contact us today to take action on your case.
Castronovo & McKinney, LLC assists with mental and physical disability discrimination claims across various locales in New Jersey, including Fairfield Township, NJ.