Employees with physical or mental disabilities have the right to work in an environment free from discrimination. Unfortunately, disability discrimination remains a significant issue in many workplaces, affecting hiring practices, job assignments, promotions, and even terminations. If you believe your rights have been violated because of a disability, an experienced employment lawyer can help you understand your legal options and fight for justice.
What is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of a physical or mental impairment. This includes denying reasonable accommodations, making employment decisions based on disability, or creating a hostile work environment related to an individual’s disability.
Legal Protections for Employees with Disabilities
Several federal and state laws protect employees with disabilities:
- Americans with Disabilities Act (ADA): A federal law that prohibits discrimination against individuals with disabilities in all employment-related matters, including hiring, promotions, job assignments, and terminations.
- New Jersey Law Against Discrimination (NJLAD): Provides even broader protections than the ADA, covering smaller employers and offering strong protections for individuals with physical or mental disabilities.
Who is Protected Under Disability Discrimination Laws?
You are protected under the ADA and NJLAD if you:
- Have a physical or mental impairment that substantially limits one or more major life activities
- Have a record of such an impairment
- Are regarded as having such an impairment, even if you don’t have a disability
What is a Reasonable Accommodation?
Employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the business. Reasonable accommodations may include:
- Modifying work schedules or job duties
- Providing assistive technology or equipment
- Making physical changes to the workplace (e.g., wheelchair ramps, accessible restrooms)
- Allowing remote work or flexible work arrangements
- Providing leave for medical treatment or recovery
An employer can only deny an accommodation if it would create a significant difficulty or expense, known as an “undue hardship.”
Examples of Disability Discrimination in the Workplace
Disability discrimination can take many forms, including:
- Hiring Bias: Refusing to hire a qualified candidate because of a disability.
- Failure to Provide Accommodations: Denying reasonable accommodation requests without legitimate justification.
- Harassment: Making offensive comments, jokes, or derogatory remarks about an employee’s disability.
- Unfair Treatment: Demoting, disciplining, or terminating an employee because of their disability.
- Retaliation: Punishing an employee for requesting accommodations or filing a disability discrimination complaint.
What to Do If You Experience Disability Discrimination
If you believe you’ve been discriminated against due to a disability, take the following steps to protect your rights:
- Document the Discrimination: Keep detailed records of discriminatory incidents, including dates, times, individuals involved, and any witnesses.
- Request Accommodations in Writing: If you need accommodations, submit your request in writing and keep a copy for your records.
- File an Internal Complaint: Report the discrimination to your HR department or supervisor, following your company’s grievance procedures.
- Consult an Employment Lawyer: If your complaint is ignored or if you face retaliation, seek legal advice from an experienced employment lawyer to explore your options.
How an Employment Lawyer Can Help
Disability discrimination cases can be complex, especially when employers claim undue hardship or deny discriminatory intent. An experienced employment lawyer can:
- Evaluate your case to determine if your rights were violated under federal and state laws
- Help you gather evidence, such as emails, medical documentation, and witness statements
- File complaints with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR)
- Negotiate settlements for lost wages, emotional distress, and legal fees
- Represent you in court if your case proceeds to litigation
Why Choose Castronovo & McKinney?
When facing disability discrimination at work, you need legal advocates committed to Protecting Your Rights. Castronovo & McKinney, LLC has extensive experience representing employees with physical and mental disabilities throughout Egg Harbor Township and New Jersey. Their legal team is dedicated to holding employers accountable and securing justice for individuals who have experienced workplace discrimination.
Take Action Today—Don’t Let Disability Discrimination Go Unchallenged
Everyone deserves equal opportunities in the workplace, regardless of physical or mental abilities. If you’ve experienced disability discrimination, don’t hesitate to seek legal support. Contact Castronovo & McKinney today to schedule a consultation and protect your rights.
Contact Information
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
