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Discrimination
INDIVIDUALS WITH A DISABILITY HAVE ALL THE FREEDOMS OF ANY OTHER RESIDENT OF NEW JERSEY
Discrimination should not prevent a disabled individual from achieving any of their goals, and the state of New Jersey has created laws that echo that sentiment. Whether you have worked diligently to obtain a certain job or whether you have been fired based on your disability, your rights against discrimination are protected in New Jersey.
If you or a family member was discriminated against due to a disability, Northern New Jersey disability discrimination lawyer Usmaan Sleemi is here to fight for you. For years, the Law Offices of Usmaan Sleemi have fought for residents of New Jersey who have faced discrimination and would be honored to handle your discrimination case. To schedule a free consultation, call us at (973) 453-4060, or contact us online.
WHAT IS DISABILITY DISCRIMINATION UNDER NEW JERSEY’S LAW AGAINST DISCRIMINATION?
Disability discrimination occurs when a disabled individual is treated differently or unfairly because of their disability. Disability discrimination is illegal when it affects a disabled person’s employment.
The definition of disability in New Jersey is fairly broad. It states that disability includes:
- “[A]ny physical disability, infirmity, malformation, or disfigurement caused by bodily injury, birth defect or illness,” or
- “[A]ny mental, psychological or developmental disability that results from conditions that prevent the normal exercise of any bodily or mental function or which can be shown to exist through accepted clinical or laboratory diagnostic tests”
New Jersey’s Law Against Discrimination also applies to discrimination based on:
- A disability someone believes you have now
- A disability you previously had or that a person believes you may have had in the past
- Any disability that you could suffer from in the future
If you believe your disability has had an impact on your ability to retain a job, receive a promotion, obtain a modified working schedule, or on any other employment decisions, you should speak with an employment discrimination lawyer about filing a lawsuit.
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.