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Disability Discrimination Lawyers

New Jersey Disability Discrimination Lawyers

Employee Rights Advocates in Northern New Jersey

Workplace disability discrimination is an issue that can significantly impact disabled employees. This type of discrimination affects professional growth and can take a heavy emotional toll. A discriminatory environment can stifle your potential and contribute to a culture of exclusion.

At Green Savits, our seasoned legal team is committed to helping our clients succeed in the workplace. Because we exclusively practice employment law and have done so for decades, we are well-versed in state and federal anti-discrimination laws. Our team includes award-winning professionals who know how to conduct intensive reviews of workplace practices, file civil claims, negotiate settlements, and litigate for your best interests in court. 

When you are dealing with a disability discrimination situation, it can be difficult to know whether what you are experiencing is unlawful or simply unfair treatment. We can help you evaluate what has happened, review your employment records and communications, and explain how the New Jersey Law Against Discrimination and federal law may apply to your circumstances. Because we focus our practice on representing employees throughout New Jersey, including those who work in and around Newark, Jersey City, and other communities served by the state and federal courts, we are familiar with local procedures and how judges tend to view these cases.

Request a consultation with a New Jersey disability discrimination attorney. Call (973) 965-8571 or email us on our online contact form to get started. 

What Laws Protect Against Disability Discrimination in New Jersey?

In New Jersey, several laws protect individuals with disabilities from workplace discrimination:

  • New Jersey Law Against Discrimination (NJLAD): This state law prohibits discrimination based on disability in employment, housing, public accommodations, and other areas. It requires employers to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship.
  • Americans with Disabilities Act (ADA): A federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. It requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities.  

In many disability cases, both the NJLAD and the ADA may apply at the same time, and there can be important strategic choices about where to file a claim, what deadlines apply, and what remedies might be available. We help employees understand the differences between filing with the New Jersey Division on Civil Rights, the Equal Employment Opportunity Commission, or pursuing a case in state or federal court, such as the United States District Court for the District of New Jersey. By walking you through these options in plain language, we make sure you can make informed decisions about how to move forward.

Reasonable Accommodation For Those With Disabilities

If you are disabled but can perform the essential functions of your job with an accommodation, your employer is legally obligated to provide you with a reasonable accommodation unless doing so imposes an undue hardship on its business operations. 

Examples of reasonable accommodations may include, but are not limited to:

  • Modifying facilities 
  • Modifying work schedules
  • Acquiring or modifying equipment
  • Reassigning jobs or positions

In practice, a reasonable accommodation might involve temporary changes while you recover from surgery, permanent adjustments to your work environment, or flexibility to attend medical appointments without being penalized. We often see accommodations for physical disabilities, chronic illnesses, mental health conditions, and neurodivergent employees, and each situation requires a thoughtful look at what is actually needed to allow you to perform the core duties of your role. A New Jersey disability discrimination lawyer on our team can help you document your requests, communicate effectively with your employer, and build a record that clearly shows you are willing and able to engage in solutions.

Interactive Process

While your employer is not required to provide you with the accommodation that you request, it is required to engage in the interactive process to determine what accommodations are necessary. 

The interactive process is essentially a fluid process through which employers:

  • Obtain necessary information to understand and discuss disabled employees’ needs to perform the essential functions of their jobs and
  • Discuss possible options to address those needs in terms that employees can understand.

The interactive process should involve two-way communication, reasonable follow-up questions, and a genuine effort to explore alternatives if an initial request is not feasible. Employers in New Jersey are expected to respond in a timely way, request only information that is truly needed to evaluate the accommodation, and avoid simply denying requests without proposing other options. When employers ignore accommodation requests, delay for long periods, or refuse to discuss possible solutions, it can support a claim that they have not met their obligations under state and federal disability laws.

Taking Action After Disability Discrimination Occurs

If you suspect that you have been treated unfairly because of a disability, it can be hard to know what to do next or how quickly you need to act. The choices you make in the early stages often affect both your job and any potential legal claim, so having clear guidance is critical. We help employees understand how internal company policies, agency procedures, and court rules fit together so they can move forward with confidence rather than fear.

In many situations, a good starting point is to review your employee handbook and any written workplace policies and then decide whether to raise concerns with a supervisor or human resources in writing. Keeping a detailed timeline of key events, saving performance reviews and emails, and noting who witnessed important conversations can all strengthen your position. We can also explain the practical differences between filing with the New Jersey Division on Civil Rights, submitting a charge to the Equal Employment Opportunity Commission, or bringing a claim directly in state court, including the potential impact on deadlines, available damages, and how your case may proceed in a New Jersey disability discrimination attorney setting.

Because disability discrimination claims can intersect with medical leave, workers’ compensation, and company benefit plans, we take the time to understand the full picture of what is happening in your work and personal life. We then help you weigh options such as seeking further accommodations, negotiating a separation, or pursuing litigation, always with a view toward protecting both your livelihood and your long-term career. Our goal is to give you practical, realistic advice so you can decide on the approach that best fits your needs and comfort level, whether your job is in a large corporate setting, a public employer, or a smaller business in New Jersey.

Types of Workplace Disability Discrimination 

Disability discrimination can manifest in various ways in the workplace, such as: 

  • Failure to accommodate: Refusing to provide reasonable accommodations, such as flexible work schedules, modified work duties, or assistive technology, to employees with disabilities.
  • Failure to engage in the interactive process: Refusing to engage in a good-faith interactive process to determine appropriate accommodations.
  • Harassment and hostile work environment: Subjecting employees to bullying, harassment, or offensive remarks based on their disability.
  • Exclusion and isolation: Excluding employees from social activities or work opportunities due to disability.
  • Discriminatory treatment in hiring and promotion: Denying employment opportunities, promotions, or job advancements due to a disability.
  • Retaliation: Subjecting employees to adverse actions, such as termination, demotion, or reduced hours, for complaining about disability discrimination.

Disability discrimination can be subtle and difficult to identify. If you believe you have been discriminated against based on your disability, we urge you to consult one of our disability discrimination attorneys in NJ to discuss your legal rights and options.

Sometimes, the most telling evidence is a pattern of small changes that build up over time, such as being excluded from important meetings, suddenly receiving negative reviews after disclosing a disability, or hearing comments that suggest assumptions about your abilities. We encourage clients to keep a contemporaneous record of incidents, save relevant emails or messages, and note any witnesses who observed what happened. When you meet with us, we can review this information together and give you a clearer sense of whether your situation may violate the New Jersey Law Against Discrimination, the ADA, or both, and what steps might be available to protect your position or pursue a claim.

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Get in Touch Today

Our New Jersey disability discrimination attorneys have extensive experience in advancing the employer-employee interactive process to promote reasonable accommodations for job performance. We relentlessly fight against all forms of workplace discrimination in New Jersey. 

When you contact our office, we will typically begin by asking you to walk us through your work history, your disability, and what has changed at work since you requested help or disclosed your condition. We then help you understand the possible timelines, from internal complaints and human resources reporting to filing charges with agencies or bringing a lawsuit in an appropriate court. Throughout the process, we aim to keep you informed, answer your questions in clear terms, and help you weigh the practical pros and cons of each option before you decide how to proceed with your case.

Call (973) 965-8571 or contact us online to consult a disability discrimination lawyer in New Jersey about your case today.

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