Disability Discrimination and Your Workplace Rights
Both federal law and New Jersey law protect employees in Hammonton, NJ, from workplace discrimination based on disability. If you have faced unfair treatment because of a physical or mental condition, you may be entitled to legal remedies.
Federal Disability Discrimination Protections
The Americans with Disabilities Act of 1990 (ADA) applies to employers with 15 or more employees. Under the ADA, it is unlawful to:
- Treat an employee or applicant unfavorably because of a disability or history of disability.
- Discriminate against someone perceived to have a disability, even if they do not.
- Discriminate against an individual because of their relationship with a person who has a disability.
Federal law defines disability as a condition that substantially limits a major life activity, a history of such a condition, or being regarded as having a disability. Employers must also provide reasonable accommodations unless doing so would create an undue hardship, measured by the employer’s resources and operations.
New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination (NJ LAD) provides broad protections against workplace discrimination. It covers all stages of employment—hiring, promotions, and job assignments. Employers cannot make employment decisions based on disability rather than qualifications.
Under NJ LAD, disability includes:
- Physical disabilities, injuries, or conditions caused by illness, birth defect, or accident.
- Mental or psychological conditions that impair normal bodily or mental functions.
Protection extends to current, past, and perceived disabilities, as well as conditions that may develop in the future. Like federal law, NJ LAD requires employers to provide reasonable accommodations. For example, employers cannot use disability as a factor in deciding layoffs during downsizing.
Disability Harassment in the Workplace
Harassment based on disability is prohibited. Both federal and state law require employers to prevent and stop harassment at all stages of employment—from recruitment to termination. This includes harassment by supervisors, coworkers, or customers.
Legal Support for Disability Discrimination in Hammonton
Castronovo & McKinney, LLC represents employees in Hammonton, NJ, who have faced disability discrimination. Our attorneys have extensive experience in litigation and negotiation, and we are committed to protecting your rights under both federal and state law.
If you believe you were treated unfairly due to a disability, contact us to discuss your options. We provide legal services for employees in Hammonton and across New Jersey who have been discriminated against by their employers.