Disability discrimination in the workplace is illegal under both federal and New Jersey law. Individuals facing discrimination due to physical or mental disabilities have the right to legal protection and remedies.
Federal Disability Discrimination Law
The Americans with Disabilities Act of 1990 (ADA) prohibits employers with 15 or more employees from discriminating against individuals based on disabilities. The Equal Employment Opportunity Commission (EEOC) identifies common forms of discrimination, including:
- Treating an employee or applicant unfavorably due to a disability or history of disability.
- Discriminating against someone perceived to have a disability, even if they do not.
- Discriminating against someone because they have a relationship with a person with a disability.
Under federal law, an individual qualifies as disabled if they:
- 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.
- Are perceived as having a disability, regardless of their actual condition.
Employers must provide reasonable accommodations unless doing so would create undue hardship, considering factors such as company size, resources, and operations. While accommodations may require time or expense, they cannot impose excessive burdens.
New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination (NJ LAD) prohibits disability discrimination at all stages of employment, including hiring, promotions, and job assignments. Employers cannot make employment decisions based on disability rather than qualifications.
Under NJ LAD, disability includes:
- Any physical condition, injury, or impairment resulting from birth defects, illness, or bodily injury.
- Any mental or psychological condition that impairs normal bodily or mental functions and can be clinically diagnosed.
Protection extends to individuals with perceived or past disabilities, as well as those at risk of developing a disability. Employers are required to provide reasonable accommodations, including during layoffs or business restructuring, without considering the employee’s disability status.
Harassment Based on Disability
Both federal and state laws prohibit harassment related to disability. Employers must prevent or stop harassment at any employment stage, including hiring, daily work, and termination. Federal law also forbids harassment by coworkers, supervisors, or customers.
Contact Our Northfield Disability Discrimination Attorneys
Castronovo & McKinney, LLC has extensive experience handling disability discrimination claims through litigation and negotiation. Our attorneys are committed to protecting your rights and achieving the best possible outcome.
If you have experienced discrimination due to a mental or physical disability, contact us today. We provide legal services for individuals facing employer discrimination in Northfield, NJ, and throughout New Jersey.