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Disability Discrimination

Disability discrimination in the workplace remains a significant issue in New Jersey, despite the presence of strong legal protections. Employees with disabilities have the right to fair treatment, reasonable accommodations, and a work environment free from bias or retaliation. However, many workers continue to face challenges such as wrongful termination, refusal of accommodations, or workplace harassment.

Understanding the laws that protect workers, recognizing signs of discrimination, and knowing how to take legal action can help employees safeguard their rights. This guide provides a detailed overview of New Jersey disability discrimination laws, the steps to file a complaint, and the legal options available to employees who experience unfair treatment.

Understanding Disability Discrimination in the Workplace

What Qualifies as Workplace Disability Discrimination?

Disability discrimination occurs when an employer treats an employee or job applicant unfairly due to a physical or mental disability. This unfair treatment can take several forms, including:

• Refusing to hire a qualified candidate because of a disability.
• Denying reasonable accommodations that would allow an employee to perform their job.
• Firing or demoting an employee after they disclose their disability.
• Creating a hostile work environment through harassment or exclusion.

Discrimination can impact all aspects of employment, including hiring, promotions, training, job assignments, and benefits. Even policies that appear neutral but disproportionately affect employees with disabilities may be considered discriminatory.

Key Laws Protecting Employees in New Jersey

Employees in New Jersey are protected by both federal and state laws that prohibit workplace discrimination based on disability.

The Americans with Disabilities Act (ADA)
The ADA is a federal law that applies to employers with 15 or more employees. It prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations unless doing so would create an undue hardship.

The New Jersey Law Against Discrimination (NJLAD)
The NJLAD offers broader protections than the ADA and applies to all employers, regardless of size. It prohibits discrimination based on disability and requires employers to actively prevent workplace bias.

Both laws ensure that employees with disabilities are treated fairly and are provided equal opportunities to perform their job duties.

 

Common Forms of Disability Discrimination in the Workplace

Refusal to Provide Reasonable Accommodations

Under the ADA and NJLAD, employers must provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. Reasonable accommodations are modifications or adjustments that help employees perform their job duties effectively.

Examples of reasonable accommodations include:

• Modifying work schedules to accommodate medical treatments.
• Providing assistive technology or adaptive equipment.
• Allowing employees to work remotely when necessary.
• Adjusting physical workspace layouts for accessibility.

If an employer refuses to make these adjustments without valid justification, they may be violating the law. Employees should document accommodation requests and any responses received from their employer.

Wrongful Termination Due to Disability

Employers cannot legally terminate an employee because of their disability. However, some employers attempt to justify a termination by citing unrelated performance issues or company restructuring.

Signs of Wrongful Termination

• Being fired shortly after requesting accommodations.
• Receiving sudden negative performance evaluations after disclosing a disability.
• An employer claiming the employee is “unfit to work” despite medical clearance.
• Being replaced by someone without a disability, even with a strong performance record.

Employees who suspect they have been wrongfully terminated should gather documentation, such as performance reviews and emails, and seek legal advice.

Harassment & Hostile Work Environments

Workplace harassment based on disability can create a hostile work environment, making it difficult for employees to perform their duties. Harassment can come from supervisors, coworkers, or even clients.

Examples of Disability-Based Harassment

• Repeated jokes or offensive remarks about an employee’s disability.
• Intentional exclusion from meetings, training, or workplace activities.
• Withholding necessary tools, accommodations, or resources.
• Physical intimidation or threatening behavior.

Employees experiencing workplace harassment should report the issue to their employer in writing and keep records of all incidents. If the harassment continues, legal action may be necessary.

Retaliation for Requesting Accommodations

Employers cannot punish employees for asserting their legal rights. Retaliation may occur when an employee requests reasonable accommodations or files a complaint about discrimination.

Common Forms of Retaliation

• Receiving unfairly negative performance reviews.
• Being denied promotions or salary increases.
• Sudden disciplinary actions or increased scrutiny from management.
• Unexplained job termination or demotion.

If an employee faces retaliation, they should keep detailed records of interactions with their employer and consider seeking legal guidance.

 

How to File a Disability Discrimination Lawsuit in New Jersey

Step 1: Gather Evidence

Employees who believe they have faced disability discrimination should begin by collecting documentation to support their claim. Important evidence includes:

• Written requests for accommodations and the employer’s response.
• Emails and internal communications related to the discrimination.
• Medical records supporting the need for accommodations.
• Performance evaluations before and after disclosing a disability.
• Witness statements from coworkers who observed discriminatory behavior.

Having strong evidence is crucial for proving a discrimination claim.

Step 2: File a Complaint with the EEOC or NJ Division on Civil Rights

Employees experiencing disability discrimination can file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR).

Filing with the EEOC
The EEOC enforces federal workplace discrimination laws, including the ADA. Employees must file a complaint within 180 to 300 days of the discriminatory act.

Filing with the DCR
The DCR enforces the NJLAD and investigates workplace discrimination at the state level. Employees filing complaints with the DCR must do so within 180 days of the discrimination incident.

Both agencies investigate complaints, attempt to resolve disputes, and provide legal remedies for employees who have experienced discrimination.

Step 3: Consider Filing a Lawsuit

If filing a complaint does not resolve the issue, employees may choose to file a disability discrimination lawsuit against their employer.

Potential Compensation from a Lawsuit

• Back pay for lost wages.
• Reinstatement to a previous position.
• Compensation for emotional distress.
• Punitive damages in cases of severe discrimination.

Consulting an employment lawyer can help determine the best legal strategy.

 

Employer Responsibilities & Compliance

What Employers Must Do to Stay ADA Compliant
Employers must take proactive steps to prevent disability discrimination in the workplace. These responsibilities include:

• Providing reasonable accommodations for employees with disabilities.
• Implementing and enforcing anti-discrimination policies.
• Training managers and HR personnel on disability rights.
• Establishing clear procedures for handling accommodation requests.

Failing to meet these obligations can result in fines and lawsuits.

Preventing Disability Discrimination Lawsuits
Employers can reduce the risk of discrimination claims by:

• Encouraging open communication between employees and management.
• Ensuring workplace accessibility for individuals with disabilities.
• Addressing complaints promptly and thoroughly.
• Promoting an inclusive company culture that values diversity.

By implementing these practices, employers can create a fair and legally compliant work environment.

 

Frequently Asked Questions About Disability Discrimination in New Jersey

Can my employer fire me because of my disability?
No, an employer cannot fire you solely because of your disability. Both the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) prohibit wrongful termination based on disability. If you were fired after disclosing your disability, requesting accommodations, or taking medical leave, you may have a case for disability discrimination. You should gather evidence of your termination and consult an employment lawyer for legal guidance.

What qualifies as a reasonable accommodation?
A reasonable accommodation is any modification or adjustment to a job, work environment, or policy that enables a person with a disability to perform essential job functions. Examples include flexible work schedules, remote work options, assistive technology, modified office spaces, and job duty reassignment. Employers must provide reasonable accommodations unless they can prove it would cause an undue hardship to their business.

What should I do if my employer refuses to provide reasonable accommodations?
If your employer denies your request for a reasonable accommodation, you should ask for a written explanation. If they refuse to engage in an interactive discussion about possible accommodations, this may be a violation of the ADA and NJLAD. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). If necessary, a disability discrimination attorney can help you take legal action.

How do I prove that I was discriminated against because of my disability?
To prove disability discrimination, you need to provide documentation that shows a pattern of unfair treatment. Evidence may include written communication, such as emails denying accommodations, performance reviews that suddenly became negative after disclosing your disability, or witness statements from coworkers. Medical records and a timeline of events leading up to any adverse employment action can also strengthen your case.

What is the deadline for filing a disability discrimination complaint?
If you are filing a complaint with the EEOC, you must do so within 180 to 300 days from the date of the discriminatory act, depending on whether state laws also apply. If you are filing with the New Jersey Division on Civil Rights (DCR), you have 180 days from the incident. If you miss these deadlines, you may lose your right to take legal action, so it is important to act quickly.

 

Contact The Epstein Law Firm, P.A., Today

If you believe you have been discriminated against due to a disability, seeking legal assistance can help you understand your rights and options. An experienced employment lawyer can assist with filing complaints, negotiating settlements, and representing employees in court if necessary.

Disability discrimination is illegal, and employees do not have to tolerate unfair treatment in the workplace. Taking action can help ensure fair treatment, protect future employment opportunities, and hold employers accountable for their actions. If you need help, contact The Epstein Law Firm, P.A., today for a free consultation.