Disability discrimination in the workplace is prohibited by both federal and New Jersey state laws. Individuals who face discrimination due to their physical or mental disabilities are entitled to legal protection and remedies.
Federal Disability Discrimination Law
The Americans with Disabilities Act of 1990 (ADA) bars employers with 15 or more employees from discriminating against individuals based on mental or physical disabilities. The Equal Employment Opportunity Commission (EEOC) highlights scenarios where discrimination can occur:
- Treating an employee or applicant unfavorably due to their disability or history of disability.
- Discriminating against someone perceived to have a disability, even if they don’t have one.
- Discriminating against someone because they have a relationship with a person with a disability.
To be considered disabled under federal law, an individual must meet one of these criteria:
- Have a physical or mental condition that substantially limits a major life activity.
- Have a history of disability, such as being in remission from cancer.
- Be perceived as having a disability, whether or not they actually have one.
Employers are required to provide reasonable accommodations unless it would cause undue hardship, determined by factors such as the employer’s size, financial resources, and business operations. While accommodations may incur some cost or time, they must not create excessive burdens.
New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination (NJ LAD) similarly prohibits disability discrimination throughout all stages of employment, including hiring, promotions, and job assignments. Employers are prohibited from making decisions based on disability rather than qualifications.
Under NJ LAD, disability includes:
- Any physical disability, injury, or condition resulting from birth defects, illness, or bodily injury.
- Any mental or psychological condition that impairs normal bodily or mental functions, which can be diagnosed clinically.
Importantly, you do not need to currently have a disability to be protected under NJ LAD. Discrimination based on perceived or past disabilities is also prohibited, along with discrimination based on the potential to acquire a disability in the future.
Employers are required to provide reasonable accommodations for employees with disabilities, as outlined under federal law. For example, an employer cannot consider an employee’s disability or need for accommodations when making layoff decisions during downsizing.
Harassment Based on Disability
Both federal and state laws prohibit disability harassment. The NJ Attorney General’s Office stipulates that employers must prevent or stop harassment related to disability at any stage of employment, including the hiring process, work environment, and upon termination. Federal law similarly forbids any individual—whether coworker, supervisor, or customer—from harassing others based on disability.
Contact Our Experienced Folsom Disability Discrimination Attorneys
Castronovo & McKinney, LLC has a proven track record of handling disability discrimination cases effectively, both through litigation and negotiation. Our legal team is dedicated to protecting your rights and ensuring the best possible outcome for your case.
If you have been discriminated against due to a mental or physical disability, contact us today. We offer legal services for individuals facing discrimination by employers in Folsom, NJ, and surrounding areas.