Castronovo & McKinney, LLC represents employees in Somers Point, NJ who have experienced discrimination based on a mental or physical disability. Disability discrimination can affect hiring, promotions, job assignments, accommodations, discipline, and termination. Employees have protections under both federal and New Jersey law, and understanding those rights is important when facing unfair treatment at work.
Federal Disability Discrimination Laws
The Americans with Disabilities Act of 1990 (ADA) prohibits employers with 15 or more employees from discriminating against qualified employees and job applicants because of a disability. The Equal Employment Opportunity Commission (EEOC) enforces these protections and recognizes several forms of unlawful discrimination, including:
- Treating an employee or applicant unfairly because of a physical or mental disability.
- Discriminating against someone based on a past medical condition or history of disability.
- Taking adverse action against a person who is believed to have a disability, even if no disability exists.
- Discrimination because of a relationship or association with someone who has a disability.
Under federal law, a disability may include a physical or mental condition that substantially limits a major life activity. It may also include a past condition, such as cancer in remission, or a perceived impairment that leads an employer to make decisions based on assumptions or stereotypes.
Employers are also required to provide reasonable accommodations when necessary for an employee to perform essential job duties, unless the accommodation would create an undue hardship for the business. Reasonable accommodations may include modified schedules, medical leave, workplace adjustments, or assistive equipment.
New Jersey Disability Discrimination Protections
The New Jersey Law Against Discrimination (NJ LAD) provides broad protections for employees in Somers Point and throughout New Jersey. The law prohibits disability discrimination during all stages of employment, including recruiting, hiring, training, promotions, compensation, and termination.
New Jersey law covers a wide range of disabilities, including:
- Physical disabilities caused by injury, illness, or congenital conditions.
- Mental health conditions and psychological disorders.
- Developmental and cognitive disabilities.
- Medical conditions that affect normal bodily functions.
The NJ LAD also protects employees who are perceived as disabled, have a prior disability, or may develop a disability in the future. Employers cannot make employment decisions based on assumptions about a worker’s medical condition or future health.
Employers must engage in the accommodation process in good faith and cannot refuse reasonable accommodations without a legitimate business reason. During layoffs or workforce reductions, employers also cannot target employees because of their disabilities or accommodation requests.
Workplace Harassment Based on Disability
Federal and New Jersey laws prohibit harassment related to disability status. Disability-based harassment may include offensive comments, mocking medical conditions, intimidation, exclusion, or repeated discriminatory conduct that creates a hostile work environment.
Employers may be held responsible for harassment committed by supervisors, coworkers, clients, or customers if they fail to take appropriate corrective action. These protections apply throughout the employment relationship, including the hiring process and after accommodation requests are made.
Speak With a Somers Point Disability Discrimination Attorney
Castronovo & McKinney, LLC represents employees in Somers Point, NJ in disability discrimination claims involving wrongful termination, failure to accommodate, harassment, retaliation, and other workplace violations. The firm handles claims through negotiation, administrative proceedings, and litigation when necessary to protect employee rights under federal and New Jersey law.
If you believe your employer discriminated against you because of a disability, contact Castronovo & McKinney, LLC to discuss your legal options.