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DISABILITY
LIVING WITH A MEDICAL DISABILITY
If you are living with a medical disability, you should not have the added burden of dealing with employment discrimination. In New Jersey, individuals with disabilities have the right to be employed and seek employment without facing discriminatory actions. If you or a family member was a victim of workplace discrimination due to a mental or physical disability or impairment, you should consult with an experienced Essex County disability discrimination lawyer today.
Workplace discrimination attorney Usmaan Sleemi has extensive experience dealing with employment law issues involving disability. The Law Offices of Usmaan Sleemi understands how difficult it can be to cope with a hostile working environment simply because you have a disability. To schedule a free consultation about a disability discrimination case, call 973-866-9415, or contact the Law Offices of Usmaan Sleemi online.
NJ EMPLOYMENT DISCRIMINATION LAWS
New Jersey’s Law Against Discrimination (LAD) prohibits employers from discriminating against individuals with disabilities. The LAD uses a broad definition when determining whether an individual has a disability. A disability can be physical, like an infirmity, congenital disability, disfigurement (including those caused by an injury), or even a chronic illness. New Jersey also defines a disability as a mental affliction that affects a person’s ability to perform certain physical or mental functions.
The LAD does not only prohibit discrimination for disabilities that you currently have, but also:
- A disability that another person thinks you have
- A disability that you previously had, or another person believes you previously had
- A disability that you may suffer from in the future
As mentioned above, an individual’s disability cannot be used to determine their eligibility for employment. As long as you meet the qualifications for the position and you can complete all the job’s functions, your disability may not be used against you. Additionally, you cannot be denied access to apprenticeships and training programs solely because of your disability.
New Jersey law also works alongside federal law, including the Americans with Disabilities Act, to protect disabled workers. Together, these state law and federal protections make it prohibited for employers to treat a disabled employee differently when it comes to hiring, promotions, pay, or any other employment decision. Our Essex County employment lawyers can explain how these laws apply to your situation.
Reasonable Accommodations Under New Jersey Disability Law
Under the LAD, if you have a disability, an employer must provide you with any reasonable accommodations necessary to apply, interview, and complete any examinations needed for the position. However, if the employer can show that these accommodations would cause them “undue hardship,” they are not obligated to provide them for a disabled applicant. Undue hardship can include financial or other reasons, such as being unable to install an elevator in a building.
Employers are generally expected to engage in an interactive process with the employee to find a workable solution. This means both sides should talk openly and in good faith to figure out what reasonable accommodations might look like. A failure to engage in this process can itself be a form of disability discrimination. If your employer refused to work with you, our New Jersey disability discrimination attorneys can help you understand your options.
It is important to know that the duty to provide reasonable accommodations applies to both physical disabilities and mental disability situations. A mental impairment, such as anxiety, depression, or PTSD, can qualify under New Jersey law just as much as a physical condition. If your employer believes you have a condition, even if you do not, that perceived disability may still trigger protection under the law.
When Does a Disability Discrimination Case Arise?
If you apply for a job, the employer cannot ask you to undergo a medical examination until they offer you a position at their company. However, if the position requires every applicant to receive a medical examination, then it is not disability discrimination. To prove that you were discriminated against, an employer must single you out from a group of applicants because of your disability.
There are certain circumstances where an employer may have a legitimate claim that you cannot perform the essential functions needed for the position you applied for. For example, if you cannot drive but apply for a position that requires a significant amount of driving, an employer can claim you do not meet the requirements for the position.
Once you are hired, several situations can trigger a disability discrimination case. These situations may include the following:
- Your employer giving you unwanted job assignments because of your disability
- Your employer using your disability to discharge you from your position or include you in company layoffs
- Your employer making, or allowing your coworkers to make, derogatory statements regarding your disability
Disability discrimination can take many forms. It is not always an obvious act. Sometimes it looks like being passed over for a promotion, being left out of training, or facing harassment from coworkers. In many cases, a disabled worker does not even realize what they are experiencing is against the law until they speak with a disability discrimination lawyer. Any adverse employment action tied to a physical or mental condition should be reviewed carefully.
SUING FOR WORKPLACE DISCRIMINATION DUE TO DISABILITY
If you wish to file a disability discrimination lawsuit against an employer, you should act quickly. You must file a discrimination lawsuit with New Jersey’s Superior Court no later than two years after the discriminatory act occurred. If you file your case more than two years after the incident, you risk the possibility of the court barring your claim.
There are several legal remedies that a victim of discrimination can receive if they prevail in their case:
- Being awarded the position they were denied (including back pay and interest)
- Being awarded damages for pain, humiliation, and emotional trauma
- Receiving any employee benefits that an employer withheld because of their disability
In addition, the LAD protects individuals who report disability discrimination on the part of an employer or coworker. This means that an employer cannot seek to retaliate against you or anyone who helped you file a claim of disability discrimination.
Filing a claim can feel overwhelming, but you do not have to do it alone. Our employment lawyers can guide you from start to finish. In some cases, you may also be able to file a charge with the Equal Employment Opportunity Commission before or instead of going straight to court. This is often a required step under federal law before pursuing a lawsuit. Our Essex County team can explain which path makes the most sense for your situation.
Frequently Asked Questions About Disability Discrimination in New Jersey
What is considered a disability under New Jersey law?
New Jersey law defines a disability broadly. It includes both physical and mental disability conditions. A physical disability can mean a chronic illness, an injury, or a congenital condition. A mental disability can include conditions like depression, anxiety, or PTSD. The law also covers perceived disability, meaning if your employer believes you have a condition, you may still have protection even if you do not actually have that condition.
Can my employer fire me because of a disability?
In most situations, no. Employers in New Jersey are generally not allowed to fire an employee based on the employee’s disability. Doing so may count as an adverse employment action and give you grounds for a disability discrimination claim. Retaliation against workers who request reasonable accommodations or report violations is also prohibited. A disability discrimination lawyer can review the details of your situation and tell you if you have a case.
What should I do if my employer refuses to provide accommodations?
First, put your request in writing. This creates a record. Your employer is required to take your request seriously and engage in the interactive process. If they refuse without showing undue hardship, that failure may be a violation of New Jersey law. Workers suffering from a physical or mental condition deserve to have their needs met at work. Reach out to our New Jersey disability discrimination attorneys to discuss what steps to take next.
Does disability discrimination law cover harassment at work?
Yes. Harassment based on a disability is a form of disability discrimination under both state law and federal law. This can include offensive comments, mocking, or other behavior that creates a hostile work environment. Sexual harassment is also prohibited under the same law against discrimination. If you have been subjected to repeated harassment at your job, speak with an attorney as soon as possible.
Additional Protections for Disabled Employees in Essex County
Essex County workers have access to protections under both New Jersey and federal law. The Americans with Disabilities Act covers employers with 15 or more employees, while the law against discrimination in NJ covers companies with just one employee. This means more workers in West Orange and across Essex County can get assistance when they have been wronged.
The law considers several factors when deciding if discrimination occurred. These include the size of the business, the nature of the accommodation requested, and whether the employer made a real effort to help. An individual-based review is done for each case, which means no two situations are treated exactly the same. Our employment law team looks at all of these factors carefully.
At hearings or during litigation, having a skilled attorney on your side can make a big difference. Our NJ employment lawyers know the laws inside and out. We have helped disabled employees across Essex County seek justice after facing discrimination at work. No matter the cost or complexity of the case, we are ready to fight for you.
ESSEX COUNTY, NJ DISABILITY DISCRIMINATION ATTORNEY FOR EMPLOYEES
If you or a family member was a victim of disability discrimination at work in New Jersey, you should consult with an experienced Essex County disability discrimination attorney. The Law Offices of Usmaan Sleemi is proud to fight for hardworking individuals who have been discriminated against on the job or while applying. To schedule a free consultation, call the Law Offices of Usmaan Sleemi at 973-866-9415, or contact us online.
New Jersey disability discrimination attorneys at our office represent employees and employers throughout Essex County and the surrounding areas. Whether you are suffering from discrimination right now or trying to figure out what happened to you, we are here to help. Our employment attorneys handle cases involving physical and mental conditions, harassment, retaliation, and more across NJ.
Contact our office today to speak with a disability discrimination lawyer about your situation. We are committed to helping affected workers pursue justice and hold employers accountable for their actions. Our team serves clients throughout New Jersey, including West Orange, and we are ready to review your case today.