What is Disability Discrimination?
The term disability is broadly interpreted in New Jersey. It can include a bad back, a chronic disease, or physical limitations due to an injury. In such cases, your employer is required to provide reasonable accommodations which allow you to continue working. Those accommodations may include altered work hours, extra work breaks, or other accommodations allowing you to be productive. An employer is obligated to engage in a reasonable discussion with a disabled employee if an accommodation is needed.
New Jersey Law Against Discrimination
In the state of New Jersey, disabilities do not necessarily have to be debilitating or serious for a person to be protected from discrimination on the grounds of their disability. While there are serious disabilities we all recognize such as confinement to wheelchairs, blindness or paralysis, there are many other physical or mental impairments, including depression and anxiety, cancer in remission, learning disabilities among others – all of which fit the wide description of disability according to the law.
A 1996 NJ Supreme Court Ruling passed that a disability is not limited on the basis of severity alone. Rather, it applies to all “handicapped individuals,” to even those considered to be “only slightly handicapped.” As such this law protects utility workers that have suffered injuries that make them unable to lift or climb, employees in administrative positions that have carpal tunnel syndrome, nurses that have lifting restrictions, as well as employees in a vast number of fields with an array of psychological illnesses and/or impairments.
Failure to Make Reasonable Accommodations
Part of New Jersey disability discrimination is also an employer’s failure to give reasonable allowances to make it possible for their disabled employees to do their jobs. It includes a host of actions outlined in the Americans with Disabilities Act.
Disability Discrimination Lawyers NJ
Many disabled employees are valuable and diligent employees. Despite that value, there is still discrimination present which hinders or even ends the careers of these employees. New Jersey and Federal law prohibits such discrimination. At the Law Office of Ben Friedman, we represent many disabled employees who have suffered discrimination.
Time and again there have been cases where disabled persons have been removed from their positions, or terminated upon acquiring a disability following some injury they sustained, even when the disability does not affect their performance at work.
If you are facing discriminating treatment as a disabled person or have been removed from work because of your limitations, you may have a legal claim against your employer in New Jersey. Contact The Law Office of Benjamin Friedman to be connected to a team of attorneys that has experience in handling disability discrimination claims in New Jersey.
Our NJ attorneys will objectively evaluate the merits of your case and point you in the right direction, whether to negotiate better working conditions with your employer or file suit and litigate on your behalf should our attempt at amicable resolution be thwarted.
Every American citizen or person legally working in America has their rights protected under this law, so feel free to contact us and schedule your consultation. Our office is conveniently located in Marlton, New Jersey.