In Greenwich Township, adherence to both federal and New Jersey laws is crucial in prohibiting workplace discrimination based on mental or physical disability. These laws cover a wide array of aspects related to disability discrimination.
Federal Legislation on Disability Discrimination
The Americans with Disabilities Act of 1990 (ADA) requires employers with 15 or more employees to avoid discriminatory practices against individuals with mental or physical disabilities. The Equal Employment Opportunity Commission (EEOC) identifies various scenarios of disability discrimination:
- Unfavorable treatment of an employee or applicant due to their disability or history of disability.
- Discrimination based on a perceived physical or mental impairment, even if the individual does not have such an impairment.
- Discrimination against an individual associated with a person who has a disability.
The EEOC defines a person with a disability under federal law as:
- Having a physical or mental condition that significantly limits a major life activity.
- Having a history of disability, such as cancer remission.
- Being perceived as having a physical or mental impairment, regardless of actual impairment.
Employers must provide reasonable accommodations for disabled employees unless it poses an undue hardship, considering factors like the employer’s size, financial resources, and operational needs.
Regulations in Greenwich Township
The New Jersey Law Against Discrimination (NJ LAD) broadly prohibits disability discrimination in Greenwich Township during all employment stages, including hiring, application processes, and consideration for positions, apprenticeships, and traineeships. Similar to federal law, NJ LAD prevents adverse actions based on disability rather than qualifications.
State law defines disability as:
- Physical disabilities from bodily injury, birth defects, or illnesses.
- Mental, psychological, or developmental disabilities that hinder normal bodily or mental functions or are diagnosable through accepted tests.
Discrimination based on perceived or past disabilities is also prohibited. Moreover, individuals cannot face discrimination based on the potential future acquisition of a disability, as stipulated by the Attorney General’s Office. Employers must provide reasonable accommodations, adhering to federal standards. For example, an employer cannot consider an employee’s disability or accommodation needs when making layoff decisions during business downsizing.
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 harass due to their disability. This applies across all employment stages, including application, hiring, employment, and termination. Federal law also prohibits disability-based harassment by any individual in the workplace, including coworkers, supervisors, or customers.
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Castronovo & McKinney, LLC has a proven track record of effectively addressing disability discrimination claims 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 assists with mental and physical disability discrimination claims across New Jersey, including Bergen County, Essex County, Middlesex County, and Morris County, as well as cities like Hackensack, Newark, New Brunswick, and Morristown.