Your Rights Against Employment Disability Discrimination in North Jersey
Depending upon the manner of discrimination, a disabled individual has certain rights against discrimination. When seeking employment, a disabled person cannot be unlawfully disqualified because of their disability. A disabled person has the right to apply for and be equally considered for a job, apprenticeship, or traineeship based on merit. If you possess all the skills necessary to perform the job competently, you cannot be considered less qualified for the position.
Additionally, once you are hired for a position, an employer must provide you with reasonable accommodations that you may need to perform the functions of the position. These accommodations can include special equipment or a modified schedule. An employer does not have to provide accommodations for a disabled person if doing so would be an undue hardship to the employer. Undue hardship can be a financial or logistical issue and is usually decided on a case-by-case basis. A disabled employee is also protected against discriminatory decisions regarding promotions, work schedules, and employment benefits.
Disabled workers are also protected from harassment due to a disability. This means that an employer may not harass you or permit other employees to harass you solely because of your disability. This behavior is prohibited from the moment you apply for a position, during your employment, and even when you leave a job.
There are several other rights that disabled persons have in New Jersey regarding employment that are not mentioned above. To be fully apprised of your rights against disability discrimination in the workplace, you should consider speaking with an experienced disability attorney.
Remedies for Disability Discrimination
Remedies for disability discrimination depend upon the type of discrimination you faced. An individual who is disqualified for a job application process because of their disability can be placed into the position they applied for, with back pay and interest levied upon the biased employer. Employees who were denied certain employment benefits because of their disability can also have the employment benefits restored.
Damages may also be provided for pain, humiliation, and emotional distress caused by the unlawful employment discrimination. Reasonable attorney fees are also provided if the disabled person was represented by counsel.
New Jersey also protects disabled persons from retaliation from any employer against which they exercised their right against discrimination. Therefore, if you have been discriminated against because of your disability, there is no reason to fear punishments or reprisals for taking legal action.
Our Northern New Jersey Disability Discrimination Attorney Can Help You Recover Compensation
If you or a family member was the victim of disability discrimination, file your discrimination claim today with Northern New Jersey employment discrimination attorney Usmaan Sleemi. The Law Offices of Usmaan Sleemi are prepared to handle complex disability discrimination cases to get you the compensation that you deserve. To schedule a free consultation with Usmaan Sleemi, call us at (973) 453-4060.