Employees with disabilities are protected from workplace discrimination under both federal and New Jersey law. Employers may not make hiring, promotion, compensation, job assignment, leave, accommodation, or termination decisions based on an employee’s disability when the employee is otherwise qualified to perform the job.
NJ Employment Lawyers, LLC represents employees in Mullica Township, NJ who have been discriminated against because of a physical, mental, developmental, or perceived disability. The firm also handles claims involving denied accommodations, disability-based harassment, and retaliation for asserting workplace rights.
Federal Disability Protections Under the ADA
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified employees and job applicants because of disability. The ADA generally applies to private employers with 15 or more employees.
Federal protections may apply to a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record or history of such an impairment
- Is regarded by an employer as having a qualifying impairment
The ADA also prohibits certain forms of discrimination based on association with a person who has a disability. An employer, for example, generally cannot refuse to hire, demote, or terminate an employee simply because the employee has a spouse, child, partner, or other close family member with a disability.
Disability discrimination can affect nearly every stage of employment. It may involve refusing to hire a qualified applicant, withholding a promotion, reducing responsibilities, changing an employee’s schedule for discriminatory reasons, denying access to training, or terminating someone after learning about a medical condition.
Reasonable Accommodations for Employees With Disabilities
Employers may be required to provide reasonable accommodations that allow qualified employees with disabilities to perform the essential functions of their jobs.
Depending on the employee’s condition and job responsibilities, an accommodation may include:
- Modified work hours or schedules
- Changes to nonessential job duties
- Ergonomic equipment or modified workstations
- Assistive technology
- Accessible facilities
- Modified workplace policies
- Additional or adjusted breaks
- Other practical changes that allow the employee to perform essential job functions
An employer is not necessarily required to provide the exact accommodation requested by the employee. The employer must, however, properly evaluate the request and determine whether an effective reasonable accommodation is available.
Employers may deny an accommodation when they can establish that providing it would create an undue hardship. Factors may include the nature and cost of the accommodation, the employer’s financial and administrative resources, the size of the workforce, and the structure of the employer’s operations.
An employer should not reject an accommodation request based solely on assumptions about cost, inconvenience, or what an employee with a particular diagnosis can or cannot do.
The Interactive Process
Accommodation requests often require communication between the employee and employer. This is commonly referred to as the interactive process.
The process may involve identifying the employee’s workplace limitations, determining which job functions are essential, reviewing supporting medical information when appropriate, and considering possible accommodations.
Problems can arise when an employer ignores an accommodation request, repeatedly delays responding, refuses to discuss alternatives, or makes an employment decision before properly evaluating the employee’s needs.
Employers should assess accommodation requests individually rather than relying on blanket policies or stereotypes about particular medical conditions.
Disability Protections Under the New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 et seq., provides significant protections to workers with disabilities throughout the state. Its protections extend beyond those available under federal law in important respects and apply broadly to New Jersey workplaces.
The LAD protects employees with a range of physical, mental, and developmental disabilities, as well as workers who may be subjected to discrimination because an employer perceives them as disabled.
Prohibited conduct may include:
- Refusing to hire a qualified applicant because of a disability
- Denying a promotion or desirable assignment based on a medical condition
- Demoting an employee after learning about a disability
- Terminating an employee because of an actual or perceived disability
- Denying or unreasonably delaying a reasonable accommodation
- Retaliating against an employee for requesting an accommodation
- Allowing disability-based harassment or a hostile work environment
- Using an employee’s accommodation request as a factor in layoffs, discipline, scheduling, or other employment decisions
Employers should make decisions based on an employee’s actual qualifications and ability to perform essential job duties, not assumptions about a diagnosis, medical history, or possible future health problems.
Disability Harassment and Hostile Work Environments
Disability discrimination is not limited to hiring and firing decisions. Harassment based on a disability may also violate the law when the conduct is sufficiently serious.
Examples may include repeated insults about an employee’s condition, mocking physical or mental limitations, offensive comments about medical treatment, exclusion because of a disability, or repeated conduct intended to intimidate or demean an employee because of a protected condition.
Depending on the circumstances, an employer may also face liability when supervisors, coworkers, or other individuals in the workplace engage in disability-based harassment and the employer fails to respond appropriately.
Retaliation After Requesting an Accommodation
Employees have the right to request reasonable accommodations and exercise their rights under disability discrimination laws without being punished for doing so.
Potential retaliation may include:
- Termination
- Demotion
- Reduced hours
- Unfavorable scheduling
- Loss of responsibilities
- Negative performance reviews that begin after an accommodation request
- Exclusion from projects or advancement opportunities
- Increased scrutiny or discipline
- Other adverse treatment connected to the employee’s protected activity
A request for an accommodation should not be treated as evidence that an employee is incapable of performing the job.
Evidence in a Disability Discrimination Claim
Disability discrimination is not always stated openly. Employers may claim that an adverse decision was based on performance, restructuring, attendance, or another business reason.
Evidence that may become important includes:
- Emails and text messages
- Accommodation requests
- Medical documentation provided to the employer
- Human resources communications
- Performance evaluations
- Disciplinary records
- Changes in duties or schedules
- Statements made by supervisors
- Records showing how similarly situated employees were treated
- The timing between disclosure of a disability or accommodation request and an adverse employment action
The sequence of events can be particularly important when an employee had a positive employment history before disclosing a disability or requesting an accommodation and then experienced sudden discipline, demotion, or termination.
Taking Legal Action Under New Jersey Law
Employees pursuing claims under the New Jersey LAD may have the option to bring a claim in New Jersey state court without first filing a federal administrative charge.
Depending on the facts and applicable law, remedies in a disability discrimination case may include lost wages, future lost income, reinstatement, compensation for emotional harm, attorney’s fees, and other available damages or equitable relief.
Federal claims follow different procedures and may require an administrative filing before a lawsuit can proceed. Because deadlines and filing requirements depend on the type of claim, employees should evaluate their options promptly.
Legal Help for Disability Discrimination in Mullica Township
NJ Employment Lawyers, LLC represents workers in Mullica Township who have experienced unlawful treatment because of an actual, past, or perceived disability.
The firm assists employees facing issues such as:
- Termination connected to a disability or medical condition
- Denied or delayed reasonable accommodations
- Failure to participate meaningfully in the accommodation process
- Disability-related harassment or a hostile work environment
- Demotion or loss of job duties after disclosing a medical condition
- Retaliation after requesting an accommodation
- Adverse action following disability-related leave or medical restrictions
- Discrimination based on association with a person who has a disability
NJ Employment Lawyers, LLC can review employment records, accommodation communications, medical documentation, performance history, and other evidence to determine whether an employer may have violated New Jersey or federal disability discrimination laws.
If your employer ignored medical restrictions, refused to consider a reasonable accommodation, treated you differently after learning about a disability, or took adverse action after you asserted your rights, legal remedies may be available.
Contact NJ Employment Lawyers, LLC to discuss your situation with a disability discrimination attorney who represents employees in Mullica Township, NJ.
