Federal Law on Disability Discrimination
The Americans with Disabilities Act (ADA) of 1990 mandates that employers with 15 or more employees must not discriminate against individuals with mental or physical disabilities. The Equal Employment Opportunity Commission (EEOC) recognizes several forms of disability discrimination:
- Unfair treatment due to a disability or history of disability.
- Discrimination based on a perceived disability, even if the person does not have one.
- Discrimination due to association with someone who has a disability.
Under federal law, a person is considered to have a disability if they:
- Have a condition that substantially limits a major life activity.
- Have a history of a disability.
- Are perceived as having a physical or mental impairment.
Employers are required to provide reasonable accommodations unless doing so would cause undue hardship, which depends on factors such as the size and financial resources of the employer.
New Jersey Law Against Discrimination (NJ LAD)
The NJ LAD prohibits discrimination based on disability in all stages of employment, including hiring, job applications, promotions, and termination. It covers both physical and mental disabilities, including those resulting from injury, illness, or birth defects. Disabilities also include conditions that affect mental, psychological, or developmental functions. Under NJ LAD:
- Disability can be physical, mental, or developmental in nature.
- It protects individuals with perceived, past, or future disabilities.
- Employers must provide reasonable accommodations unless it would cause undue hardship.
Harassment Protections
Both federal and state laws prohibit harassment based on disability. Employers are required to prevent harassment in all employment processes, including hiring, employment, and termination.
Contact Experienced Disability Discrimination Attorneys in Union County, NJ
If you’ve faced disability discrimination in the workplace, Castronovo & McKinney, LLC is here to help. With years of experience handling disability discrimination cases, we offer dedicated representation to protect your rights. We serve individuals in Union County, NJ, and beyond, and are committed to achieving the best possible outcome for your case.
Contact us today to discuss your case and take action.