When unfair employers try to deny you the working conditions you need and deserve, it is time to fight back. Having a physical, medical, or mental disability should never prevent you from achieving your professional goals. Federal, state, and city laws help employees gain and retain meaningful employment regardless of physical or mental characteristics. The law is on your side. With the right advocate in your corner, you have the power to get the compensation you deserve.
At the Arcè Law Group, we work with disabled workers in New York, New Jersey, and in Pennsylvania. Our experienced disability discrimination attorneys have helped countless victims recover money from their current or former employer. For a free initial consultation, call us today at 212.248.0120.
From our office in Newark, NJ, the Arcè Law Group serves clients in Newark, Jersey City, Princeton, and across New Jersey. Additionally, our attorneys operate out of offices in New York City and Pennsylvania. Contact us today for a free initial consultation.Your Rights as a Working Disabled Person in NJ, PA, and NY
No employer can deny you employment because you are disabled – unless that restricts you from performing the tasks required of the position. As a disabled employee or prospective employee in New Jersey, New York, or Pennsylvania, you have the right:
- To request reasonable accommodations for your needs
- To not be harassed due to your disability or perceived disability
- To not be refused employment if you can perform the essential functions of the job
- To be promoted or offered raises without taking into consideration a disability or perceived disability
- To not be terminated because of your disability if you can perform the essential functions of the job
- To protected leave under the Family Medical Leave Act and Family Leave Act
An employer may not discriminate in any area of the employment process; hiring, firing, promotions, raises, or any term or condition of employment. Disability discrimination includes treating you unfavorably because of your disability, perceived disability, because you are associated with a disabled person, or because you requested a reasonable accommodation.
Think you have been discriminated against because you have a medical impairment? Let one of our NJ, NY, and PA lawyers get you the compensation you deserve.Conditions That may Qualify as a Disability
When the law refers to a “disability,” that may refer to a current or past disability. In the broad sense, disability includes physical, mental, psychological, medical, and behavioral impairments. A serious injury, which is temporary, might qualify as a disability. Chronic conditions can also fall under the legal definition.
Some specific examples include:
- Depression/bipolar disorder
- Hearing impairments
Unsure if your condition qualifies? A discrimination attorney in New Jersey, New York, or Pennsylvania can assess your situation and give you more information.Frequently Asked Questions About Disability Discrimination in New Jersey
Learning more about your rights helps you make informed decisions. Found answers to your common New Jersey employment law questions below.
What are reasonable accommodations for my disability?
If you are disabled or have been injured, you generally have a right to a “Reasonable Accommodation.” Your supervisor must offer you special adjustments to accommodate your disability, as long as that accommodation does not cause “undue hardship” on the employer. Examples could include the ability to work from home, being provided a specialized workstation, or reducing your working hours.
What is a perceived disability?
Your boss might think you have an impairment when in fact you do not. Perhaps you have taken medical leave in the past or you have a history of medical problems. In any event, an employer cannot discriminate against you if they perceive you to be disabled.
What if my spouse, partner, or someone else I know is disabled?
Some people may have a person close to them who needs special care because of a physical or mental condition. An employer cannot discriminate against you because your family member has a disability, or because you requested a reasonable accommodation (such as a schedule change) to deal with the disabled family member.
Can my company fire me for being disabled?
They cannot fire you for being disabled, but if you become impaired and can no longer perform the essential functions of your job, your employer may have the right to let you go.
What is retaliation?
If you reported discrimination at work – such as you filed a complaint with your supervisor or Human Resources – and you faced negative consequences for doing so, this is retaliation. Retaliatory methods include termination, harassment, job reassignment, and demotion.
I think I am being harassed at work because of my disability. Is this illegal?
You also have the right to work in a place that is free from ridicule and offensive comments/conduct relating to your disability or perceived disability. Harassment is considered discrimination, and if it is bad enough to create a hostile work environment, you might have a legal case.
If you feel that you have been discriminated against, contact our office to discuss your specific situation with an experienced discrimination attorney. The Arcè Law Group houses a team of experienced employment law lawyers in New York, New Jersey, and Pennsylvania. Contact us today online or by calling 212.248.0120.