If you have a disability that does not physically prevent you from performing the essential functions of your job, then your employer has no legal basis to discriminate against you because of your disability. Unfortunately, because of stigmas and biased thinking, many employers still unlawfully discriminate against or harass employees with limitations.
In both New York and New Jersey, a disability does not necessarily have to be severe or debilitating before it is illegal for your employer to discriminate against you because of it. Thus, while more severe disabilities such as blindness, paralysis, and confinement to a wheel chair are disabilities, other physical and mental impairments like learning disabilities, depression and anxiety, and cancer in remission also fit into the broad definition of disabilities.
If you are experiencing disability discrimination at work, your rights are being violated. We can enforce those rights effectively. Contact our offices online or call us to schedule an appointment with an experienced, dedicated New Jersey employment law attorney.
We have helped change the law to benefit employees throughout New York and New Jersey through our work on multiple precedent-setting cases. We know the law, and we protect the rights of individuals with various disabilities:
- Physical disabilities
- Mental disabilities
- Pregnancy-related disabilities
Disabled individuals have a right to expect that their employers will provide reasonable accommodations in the workplace to allow them to perform the essential functions of their job.
If you make a request for reasonable accommodations and are denied, your rights may have been violated. Bear in mind: your employer does not necessarily have to provide you the exact accommodations you requested. It just has to provide an accommodation that allows you to perform your job. If your employer does not do so, it may have failed to adequately accommodate your disability.Actual Disability vs. the Perception of Disability
You do not even necessarily have to be disabled or handicapped to be the victim of disability discrimination! For instance, if your employer merely perceives you to be disabled (such as because of a prior injury or short-term disability leave) or knows you have a record of a disability in the past, and makes a hiring, firing, promotional or compensation decision based on it, then your employer has committed disability discrimination.
To schedule an appointment with an employment law attorney to talk about disability discrimination, contact our offices online or reach us by telephone. Our offices are located in Hackensack, New Jersey, Roseland, New Jersey, and New York City, New York.