Disability Discrimination

Respected Bergen County Employment Law Attorneys Seeking Fair Treatment for All Workers

The Americans with Disabilities Act and the New Jersey Law Against Discrimination each make it illegal for an employer to discriminate against an employee because of a disability. In other words, if you have a physical or mental disability that does not prevent you from performing your job, then your employer cannot fire you, demote you, suspend you, harass you, or otherwise discriminate against you because of it.

At Rabner Baumgart Ben-Asher & Nirenberg, our New Jersey employment lawyers handle disability discrimination claims under state and federal law. We also advise current employees who are experiencing discrimination at their jobs to help them obtain reasonable accommodations, maximizing their chances of remaining employed despite the discrimination they have experienced.

A Summary of State and Federal Disability Discrimination Laws

Both New Jersey law and federal law prohibit disability discrimination in the workplace. Under the Americans with Disabilities Act (“ADA”), employers with 15 or more employees cannot discriminate against qualified individuals with disabilities in hiring, termination, promotions, pay, or other terms of employment. Employers also must provide reasonable accommodations for disabilities unless doing so would cause the employer to suffer an undue hardship.

The New Jersey Law Against Discrimination (“LAD”) provides even stronger protections. Unlike the ADA, the LAD applies to virtually all employers, regardless of size. It also protects certain medical conditions that may not qualify as disabilities under the ADA.

What Is Considered a “Disability” under NJ Law?

Under New Jersey law, the term disability is broadly defined to include physical, mental, psychological, and developmental conditions that interfere with normal activities. Unlike federal law, the LAD does not require a disability to be permanent or substantially limiting. Conditions such as mobility impairments, chronic illnesses, mental health disorders, and even temporary medical conditions may qualify.

In addition, both the ADA and the NJLAD also protect individuals who are perceived as having a disability, even if they do not actually have one. This means an employer cannot discriminate based on assumptions or misperceptions about a person’s health. Even conditions that are in remission, such as cancer, multiple sclerosis, diabetes, or hypertension, all remain legally protected disabilities under New Jersey law. Similarly, episodic medical conditions like epilepsy, post-traumatic stress disorder (“PTSD”) and asthma can fall within the protection of the law.

The takeaway is that it is a violation of New Jersey’s employment laws to discriminate against an employee because of an actual, perceived, or history of a disability.

What Is a Reasonable Accommodation?

Employees with disabilities are legally entitled to reasonable accommodations to allow them to perform the essential functions of their jobs. Thus, an employer’s failure to provide you with a reasonable accommodation for a physical or mental impairment can be a form of disability discrimination.

Employers Cannot Legally Retaliate Against or Harass Employees

Unfortunately, many employees fear asserting their employment law rights out of fear of retaliation. While this is a commonly held concern, it is unlawful for your employer to retaliate against you because you complained about disability discrimination or because you requested a reasonable accommodation for a disability.

It also is unlawful for your employer to harass you because you have a disability. For example, it is unlawful for your boss to tease you about your disability, make jokes about your physical or mental limitations, or go out of the way to make it difficult for you to do your job because you have a disability.

Contact an Experienced Bergen County Disability Discrimination Lawyer for Immediate Assistance

If your employer has discriminated against you based on an actual or perceived disability, or you have been denied a reasonable accommodation, then you should reach out to Rabner Baumgart Ben-Asher & Nirenberg to discuss your situation with one of our experienced Bergen County employment discrimination lawyers. At Rabner Baumgart Ben-Asher & Nirenberg, we have a long history of standing up for workers’ rights and helping those who have experienced discrimination obtain the relief they are entitled to. To learn more and to schedule a confidential consultation today, reach out to us by calling (201)777-2250. You also can connect with us through our secure online contact form.