Federal and New Jersey laws prohibit discrimination in the workplace based on mental or physical disability. These laws encompass both mental and physical forms of discrimination.
Federal Law on Disability Discrimination
Under the Americans with Disabilities Act of 1990 (ADA), employers with 15 or more employees are prohibited from discriminating against individuals based on mental or physical disability. The Equal Employment Opportunity Commission (EEOC) outlines situations where disability discrimination may occur:
- Treating an employee or applicant less favorably due to their disability or history of disability.
- Discriminating against an individual believed to have a physical or mental impairment, even if they do not have such an impairment.
- Discriminating against an individual due to their relationship with a person who has a disability.
The EEOC specifies conditions that must be met for a person to qualify as having a disability under federal law:
- Having a physical or mental condition that substantially limits a major life activity.
- Having a history of a disability, such as cancer in remission.
- Being perceived as having a physical or mental impairment, regardless of actual impairment.
Employers are required to provide reasonable accommodations for employees with disabilities, unless it causes undue hardship. Undue hardship is determined based on factors like the employer’s size, financial resources, and business needs. While accommodations may incur some cost or time, they should not be excessively burdensome.
Hamilton Township Laws on Disability Discrimination
The New Jersey Law Against Discrimination (NJ LAD) broadly prohibits disability discrimination throughout various stages, including the application process, hiring decisions, and consideration for jobs, apprenticeships, and traineeships. Similar to federal law, NJ LAD prohibits employers from taking adverse actions against individuals based on their disability rather than their qualifications.
Under state law, disability is defined as:
- Any physical disability, infirmity, malformation, or disfigurement resulting from bodily injury, birth defect, or illness.
- Any mental, psychological, or developmental disability that hinders the normal exercise of bodily or mental functions, or can be clinically diagnosed through accepted tests.
It’s important to note that one doesn’t need to currently have a disability to be a victim of discrimination under state law. Discrimination based on perceived or past disabilities is also prohibited. Additionally, individuals cannot be discriminated against based on the possibility of acquiring a disability in the future, as outlined by the Attorney General’s Office.
Employers are obligated under state law to provide reasonable accommodations for disabled employees, following the same standards as federal law. An example of prohibited discrimination is illustrated by the Attorney General’s Office: an employer cannot consider an employee’s disability or need for accommodations when determining layoffs during business downsizing
Harassment
Both federal and state laws prohibit harassment based on disability. According to the NJ Attorney General’s Office, it is illegal for employers to subject individuals to harassment or allow others to do so due to their disability. This prohibition extends to all stages, including the application and hiring process, during employment, and even upon leaving a job. Similarly, federal law also prohibits harassment based on disability. While state law mandates that employers must prevent harassment by others, federal law prohibits any individual in the workplace, whether a coworker, supervisor, or customer, from harassing others on the basis of disability
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Castronovo & McKinney boasts a track record of effectively resolving disability discrimination claims, both in court and through negotiation. Our dedicated legal team is committed to safeguarding your rights and advocating for your best interests. Reach out to us today to initiate action on your case.
Castronovo & McKinney, LLC assists clients with mental and physical disability discrimination claims across various locations in New Jersey, encompassing Bergen County, Essex County, Middlesex County, and Morris County, as well as cities like Hackensack, Newark, New Brunswick, and Morristown.