What Constitutes Disability Discrimination at Work?

Employment Attorneys Serving Northern and Central New Jersey

A man with a prosthetic leg lifts a 2x4 wood plank at work in a lumber warehouseAs a person with a disability, you generally have a right to obtain employment without being harassed or discriminated against. Not only does Federal law provide certain protections, but so too does the New Jersey Law Against Discrimination. Discriminating against you on the basis of disability is unlawful when it arises during the following scenarios:

  • The application and hiring process
  • Decisions about job assignments, promotions, training, and other work benefits
  • Decisions about layoffs and discharges
  • Workplace harassment from coworkers, subordinates, and supervisors

If you are qualified for a job and are capable of performing the essential duties, then you have a right to apply for that job and to be considered for the job. The employer shouldn’t consider you less qualified based on your disability, or exclude you from consideration based on your disability. In the application process, the employer must provide reasonable accommodations for you to apply for, interview for, or take tests for consideration for the position (with the exception that they need not make accommodations that cause an “undue hardship” for them).

If you are hired, then an employer should make reasonable accommodations for you to perform your job duties. For example, reasonable modifications to work equipment, facilities, desk space, or work schedules. If the employer is making decisions about employees that must be laid off, they cannot consider your disability or your need for a reasonable accommodation as part of that process.

These are just a few examples of how disability discrimination could arise in employment. There are many more, and there are of course decisions made by employers related to hiring, employment duties, and termination that are not discriminatory. An experienced employment attorney at Green Savits knows how to investigate your situation to determine if discrimination took place. We are passionate advocates for employee rights in New Jersey.

Contact Our Employment Attorneys

If you think you have been discriminated against because of your disability either in the hiring process, or as an existing employee, please contact the experienced employment attorneys at Green Savits LLC for a consultation. You can reach us in Northern and Central New Jersey at 973-695-7777.