Woodbridge Township adheres to both federal and New Jersey laws that prohibit discrimination in the workplace based on mental or physical disability. These legal frameworks comprehensively address various facets of disability discrimination.
Federal Law on Disability Discrimination
Federal Legislation on Disability Discrimination The Americans with Disabilities Act of 1990 (ADA) mandates that employers with 15 or more employees refrain from discriminating against individuals due to mental or physical disability. The Equal Employment Opportunity Commission (EEOC) identifies scenarios where disability discrimination may arise:
- Treating an employee or applicant unfavorably because of their disability or history of disability.
- Discriminating against an individual perceived to have a physical or mental impairment, irrespective of whether they possess such an impairment.
- Discriminating against an individual based on their association with a person who has a disability.
The EEOC delineates criteria for a person to qualify as having a disability under federal law:
- Having a physical or mental condition that significantly limits a major life activity.
- Possessing a history of disability, such as remission from cancer.
- Being perceived as having a physical or mental impairment, regardless of actual impairment.
Employers must provide reasonable accommodations for disabled employees unless it poses undue hardship. Undue hardship factors in the employer’s size, financial resources, and operational needs. While accommodations may entail costs or time, they should not be overly burdensome.
Woodbridge Township Regulations on Disability Discrimination The New Jersey Law Against Discrimination (NJ LAD) broadly prohibits disability discrimination across various employment phases, including hiring, application processes, and consideration for positions, apprenticeships, and traineeships. Analogous to federal law, NJ LAD prevents employers from taking adverse actions against individuals based on disability rather than qualifications.
Under state law, disability encompasses:
- Physical disabilities stemming from bodily injury, birth defect, or illness.
- Mental, psychological, or developmental disabilities impeding normal bodily or mental functions or clinically diagnosable through accepted tests.
Notably, one need not presently have a disability to experience discrimination under state law. Discrimination based on perceived or past disabilities is also outlawed. Additionally, individuals cannot face discrimination based on the potential acquisition of a disability in the future, as stipulated by the Attorney General’s Office.
Employers are mandated under state law to offer reasonable accommodations for disabled employees, following federal standards. The Attorney General’s Office provides an example of prohibited discrimination: an employer cannot factor an employee’s disability or accommodation needs into layoff decisions during business downsizing.
Harassment Prohibitions Both federal and state laws prohibit harassment based on disability. According to the NJ Attorney General’s Office, employers cannot subject individuals to harassment or allow others to do so due to their disability. This prohibition applies throughout all employment stages, including application, hiring, employment, and termination. Similarly, federal law prohibits disability-based harassment by any individual in the workplace, be it a coworker, supervisor, or customer.
Contact Our Experienced New Jersey Disability Discrimination Attorneys
Contact Our Accomplished New Jersey Disability Discrimination Attorneys Castronovo & McKinney has a proven track record of effectively addressing disability discrimination claims, whether through litigation or negotiation. Our committed legal team is dedicated to protecting your rights and advocating for your best interests. Contact us today to take action on your case.
Castronovo & McKinney, LLC offers assistance with mental and physical disability discrimination claims across various locales in New Jersey, including Bergen County, Essex County, Middlesex County, and Morris County, as well as cities such as Hackensack, Newark, New Brunswick, and Morristown.