Disability Law

Disability Law

 Disability discrimination in the workplace is illegal under federal and New Jersey state law. Employees with disabilities are entitled to reasonable accommodations and equal employment opportunities. If you feel your disability rights have been violated, contact our New Jersey employment attorneys today to explore your legal options.

Disability Law Attorney, River Edge, NJ

Persons with disabilities have a civil right to employment as much as any non-disabled person has a right to employment. State and Federal laws requires employers to make reasonable and adequate accommodations for persons  with physical or mental disabilities to enable them to work. These accommodations must be made for many types of physical and mental disabilities.  Some of the accommodations that might be applicable are geographic modifications to out-of the-office job responsibilities, allowing a more flexible break schedule, allowing technological assistive devices, a change in scheduled work hours, time off for doctors visits. Disability  Discrimination may occur in any type of job description in terms of not promoting you, not offering you the same opportunities and benefits as other employees, being treated differently in terms of the quality and conditions of your work environment, job assignments, and wrongful termination. Disability  Discrimination may also occur when the employer refuses to make a reasonable and adequate accommodations to the disabled person's job to enable them to otherwise perform their job. 

Persons with serious illness are covered under several federal and state laws, including the Family and Medical Leave Act (FMLA), The Americans with Disabilities Act (ADA), and the New Jersey Law Against Discrimination.  Disability discrimination also may occur when you are absent from work due to a pregnancy.

Retaliation in River Edge, NJ

If you complained about Disability Discrimination or Pregnancy Discrimination or harassment by your employer or other co-workers, or that you were being treated differently in terms of your pay, the quality and conditions of your work environment, job assignments, and then you were demoted, terminated, or retaliated against in terms of the  quality and conditions of your work environment or  job assignments, you may have a valid claim for illegal retaliation for exercising your civil rights.

What Are Reasonable Accommodations?

Reasonable accommodations refer to changes in the work environment or policies that allow employees with disabilities to perform their job duties. Examples include:

  • Modified work schedules (flexible hours, telework)
  • Leave for medical appointments/treatment
  • Assistive equipment (screen readers, lift desks)
  • Reassigned duties or workspace
  • Policy modifications (service animal allowance)

Accommodations cannot cause undue hardship to the employer. Both parties should engage in an interactive process to find suitable accommodations.

What Conditions Qualify as a Disability in New Jersey?

Under New Jersey's broad definition of disability, a condition may qualify if it substantially limits a major life activity like:

  • Seeing, hearing, breathing, walking, performing manual tasks
  • Working, concentrating, thinking, communicating
  • Caring for oneself, learning

Some common qualifying disabilities:

  • Blindness, deafness, mobility impairments
  • Intellectual or developmental disabilities
  • Psychiatric conditions - depression, PTSD, bipolar disorder
  • Neurological disorders - MS, epilepsy, Parkinson's
  • Autoimmune disorders
  • Addiction

Even short term or episodic conditions may qualify for protections.

 

Call Hope A. Lang, Attorney at Law now at 201 599-9600

If you are out of work a certain time due to a pregnancy, disabilities or complications related to pregnancy, or due to a certain serious health condition, or for doctor's visits, and find that your employer treated you differently in terms of not offering you the same opportunities and benefits as other employees, being treated differently in terms of the quality and conditions of your work environment, job assignments, or wrongful termination, you may have a valid claim for discrimination. Contact us today to get started.


From offices in Oradell, the law firm of Hope A. Lang, Attorney At Law represents persons throughout New Jersey,  including Bergen, Middlesex,  Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties.



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912 Kinderkamack Road, Suite 3, River Edge, NJ 07661
| Phone: 201-599-9600

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