OVER
recovered for our employment law cases
Workplace disability discrimination occurs whenever an employer treats an employee unfavorably because of a disability. Federal and New Jersey laws prohibit employers from basing employment decisions like hiring, firing, promotion, and compensation on an employee’s disability.
When an employer decides to use your disability against you in the workplace, their actions can impact you physically, emotionally, and financially. For instance, employers who refuse to provide reasonable accommodations so you can do your job or who make rude or abusive comments about your disability may be liable for their actions under employment regulations.
If you have experienced disability discrimination in New Jersey, you may be eligible for compensation or other damages. A New Jersey disability discrimination lawyer at Joseph & Norinsberg can explain your legal options and represent you in your case.
Table of Contents
- Why Choose Joseph & Norinsberg for Your New Jersey Disability Discrimination Case?
- Legal Remedies and Compensation Available to NJ Disability Discrimination Victims
- Understanding New Jersey Disability Discrimination Law
- Reasonable Accommodations Under New Jersey Law
- Your Rights as an Employee With a Disability
- Steps To Take if Facing Disability Discrimination in New Jersey
- When To Contact a New Jersey Disability Discrimination Lawyer
- Benefits of Working With a New Jersey Disability Discrimination Lawyer
Why Choose Joseph & Norinsberg for Your New Jersey Disability Discrimination Case?
Joseph & Norinsberg specializes exclusively in employment law. We have over 75 years of collective experience fighting for workers’ rights in discrimination, harassment, wrongful termination, and other types of employment actions. Our attorneys fiercely protect New Jersey workers’ rights, including the rights to fair pay, equal treatment, and a safe environment free from discrimination. We tirelessly fight for every client, refusing to give up until justice is served.
Our firm is known for taking on highly challenging cases other attorneys seek to avoid. For example, senior partners Bennita Joseph and Jon L. Norinsberg recently filed a $15 million employment lawsuit on behalf of six former employees of the Mohawk House Restaurant in Sparta, N.J. The suit alleges the owner created a hostile work environment rife with harassment, sexual abuse, discrimination, and retaliation.
Our seasoned attorneys are ready to support you throughout your case inside and outside the courtroom. We are highly esteemed throughout New Jersey, as evidenced by senior trial attorney Crystal Dozier’s appointment as a Certified Trial Attorney by the Supreme Court of New Jersey.
We are proud of our five-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family—they regularly stay in touch with us long after their cases are resolved. We regularly receive unsolicited client testimonials such as the following:
Our Discrimination Case Results:
- Joseph & Norinsberg represented a hedge fund executive terminated from his job because of disability discrimination. Using the threat of arbitration, we were able to substantially increase his severance offer.
Legal Remedies and Compensation Available to NJ Disability Discrimination Victims
In New Jersey, federal and state laws allow victims of disability discrimination to seek various remedies, including job reinstatement and reimbursement for lost wages or back pay. In some cases, victims may recover damages for emotional distress associated with the discrimination.
If the employer’s actions were particularly egregious, a court may award the victim punitive damage to punish the employer for wrongdoing and deter future misconduct.
Understanding New Jersey Disability Discrimination Law
The New Jersey Law Against Discrimination, or NJLAD, protects workers with disabilities from workplace discrimination. Under the NJLAD, employers cannot deny workers a job simply because they have a disability. Employers are also prohibited from firing or refusing to promote someone solely based on disability.
If workers require reasonable accommodations to perform their duties, the employer must provide them as long as they don’t cause the company extreme hardship. Employers can’t punish a disabled worker for requesting accommodations or making a complaint.
The Americans with Disabilities Act, or ADA, offers similar protections to people with disabilities at the federal level. It applies to employers with 15 or more workers and requires them to provide employees with reasonable accommodations to perform their jobs.
For instance, it is illegal under the NJLAD and ADA for employers to:
- Fire an employee for calling in sick due to a disability
- Refuse to hire a prospective employee simply because they require accommodations to take a pre-hire exam
- Treat an employee with a disability unfavorably compared with their non-disabled counterparts
Many employment actions and decisions may constitute disability discrimination. If you believe you’re a victim, speak to one of our New Jersey disability discrimination attorneys.
Reasonable Accommodations Under New Jersey Law
An employee with a disability has the right to request reasonable accommodations to perform their job. The following are some examples of reasonable accommodations allowed by New Jersey law:
- Restructuring your job to align with your physical or mental capabilities
- Offering a part-time or modified work schedule
- Providing reasonable leaves of absence when you’re feeling unwell due to a disability
- Improving workplace accessibility or offering reserved parking
- Adjusting the equipment or products an employee uses to do their work
- Reassigning an employee to another position if they can no longer handle their duties
Your Rights as an Employee With a Disability
Employees with disabilities have the same rights as individuals without disabilities. In addition to equal rights, the law protects disabled employees from adverse employer actions. Rights that employees with a disability are entitled to include:
- Equal employment opportunities: No employer can refuse to hire you, deny you a promotion, or fire you due to disability.
- Freedom from discrimination: The NJLAD and ADA prevent employers from harassing or treating employees with a disability differently from their peers.
- Right to request reasonable accommodations: If an employee with a disability requires assistance to perform their duties, the employer must provide it as long as it’s reasonable and does not impose an undue hardship on the employer.
Steps To Take if Facing Disability Discrimination in New Jersey
Sometimes, employees with disabilities fail to exercise the rights afforded to them because they’re worried about retaliation or further discrimination. However, failing to hold your employer accountable may cause greater harm to your future job prospects, emotional well-being, and financial security. Here are a few steps to take if you believe you may be the victim of disability discrimination.
1. Take Notes
Anytime you experience disability discrimination from an employer, manager, supervisor, co-worker, or other individual, document the incident. Note the day and time it occurred, what happened, and who was involved. Keep a copy of any evidence, such as an email or written memo.
2. Understand How To Request Reasonable Accommodations
The NJLAD requires employers to offer employees with disabilities reasonable accommodations when necessary for the worker’s job performance. There is no formal outline for the employee to follow when they make an accommodations request, although making it in writing establishes a paper trail.
Once the employer receives a request or realizes the employee with disabilities requires accommodations, they must provide them unless doing so would significantly hamper their operations.
3. Seek Legal Advice in Disability Discrimination Cases
A one-off comment isn’t likely to land your employer in hot water, but ongoing discrimination can. Discrimination that harms your job prospects should be addressed immediately.
If you request reasonable accommodations and your employer denies them, an attorney can explain your legal options.
Even if you’re unsure whether to take legal action, it’s important to speak with a New Jersey disability discrimination attorney. An experienced lawyer can evaluate your legal options and explain them to you.
When To Contact a New Jersey Disability Discrimination Lawyer
When you experience disability discrimination in the workplace, contact an attorney. Under New Jersey and federal law, employers must provide their employees with a safe working environment free of discrimination. If they fail to meet their obligations, they may be liable for the harm their workers experience.
Examples of disability discrimination that warrant a lawyer’s intervention include:
- Failing to provide reasonable accommodations when an employee requests them
- Retaliating against an employee who asks for reasonable accommodations
- Terminating an employee due to their disability
- Denying a promotion to an employee with a disability
- Inflicting ongoing harassment or unfavorable treatment due to the worker’s disability
Benefits of Working With a New Jersey Disability Discrimination Lawyer
When you hire a skilled attorney from Joseph & Norinsberg, we’ll help you navigate the entire legal process from beginning to end. Our firm specializes in employment law, and we regularly represent clients experiencing all types of discrimination in the workplace, including disability discrimination.
We will gather the evidence necessary to prove your case and hold the appropriate parties responsible. You may sometimes be eligible for compensation if you’ve suffered financial losses from your experience.
To explore your legal options with a seasoned New Jersey disability discrimination attorney at Joseph & Norinsberg, call (212) 227-5700 or complete our online intake form. Don’t suffer in silence for another day — seek the justice you deserve.
Bennitta Joseph is an experienced New York City sexual assault attorney with over seventeen years of experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
- New Jersey Age Discrimination Lawyers
- New Jersey Disability Discrimination Lawyers
- New Jersey Gender Discrimination Lawyers
- New Jersey Hostile Work Environment Lawyers
- New Jersey Manager Workplace Harassment
- New Jersey Pregnancy Discrimination Lawyers
- New Jersey Retaliation Lawyers
- New Jersey Severance Lawyers
- New Jersey Wage and Hour Lawyers
Settlement against a hospital
We successfully fought for 25 cleaning company employees who were underpaid due to their employer’s unethical timekeeping methods.
Settlement against an international investment firm for age discrimination and wrongful termination
We secured compensation for New Jersey factory workers who were denied sick leave benefits guaranteed by the law.
