Federal Law on Disability Discrimination
The Americans with Disabilities Act of 1990 (ADA) mandates that employers with 15 or more employees must not discriminate against individuals due to mental or physical disabilities. The Equal Employment Opportunity Commission (EEOC) outlines scenarios where disability discrimination can occur:
- Treating an employee or applicant unfavorably due to their disability or history of disability.
- Discriminating against an individual perceived to have a disability, whether or not they actually have one.
- Discriminating against someone based on their association with a person with a disability.
To qualify as having a disability under federal law, a person must:
- Have a condition that significantly limits a major life activity.
- Have a history of disability, such as being in remission from cancer.
- Be perceived as having a physical or mental impairment, regardless of the actual condition.
Employers must provide reasonable accommodations for disabled employees unless it causes undue hardship. Factors include the employer’s size, financial resources, and operational needs.
New Jersey Law Against Discrimination (NJ LAD)
NJ LAD prohibits disability discrimination in all employment phases, including hiring and job applications. Similar to federal law, it prevents adverse actions against individuals based on disability rather than qualifications.
Under NJ law, disability includes:
- Physical disabilities from injury, birth defect, or illness.
- Mental, psychological, or developmental disabilities affecting normal functions or diagnosable by accepted tests.
Discrimination based on perceived, past, or potential future disabilities is also prohibited. Employers must provide reasonable accommodations unless it causes undue hardship, similar to federal standards.
Harassment Prohibitions
Both federal and state laws prohibit harassment based on disability. Employers cannot subject individuals to harassment or allow others to do so due to their disability. This applies throughout all employment stages, including application, hiring, employment, and termination.
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Castronovo & McKinney, LLC has a proven track record in addressing disability discrimination claims through litigation or negotiation. Our legal team is dedicated to protecting your rights and advocating for your 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 Galloway Township, NJ.