Disability Discrimination

It comes as little surprise to many,  that employers often hand out their pink slips at the end of December. While this may seem to be emotionally the worst time of year to inform workers that they no longer have a job, it does not make it any more illegal than at any other time. It is only significant if employer applies an illegal basis, such as age,  when choosing which employees will be let go and which will remain. Age must be a bona fide occupational qualification for an employer to have a rule mandating retirement at a specified age.

If you are an older employee and the year-end pink slips were disproportionally given to the older workers such as yourself, the employer might be illegally discriminating.

Cancer survivors and those in treatment are entitled to reasonable accommodations at their workplace to allow them to remain employed. Cancer survivors and those in treatment should not have to suffer discrimination at work and numerous state and federal laws prohibit discrimination against an employee who had or has cancer, or are perceived as having cancer.

This firm has successfully represented cancer survivors, both private and  public employees. To persons diagnosed with cancer, treating for it, or having survived it and returned to work, don’t give up! The law is on your side for an employer to make reasonable accommodations that will allow you to remain employed. 

Reasonable Accommodations to Remain Employed

An employee who has cancer should request a reasonable accommodation from their employer that will allow them to remain employed if that accommodation is necessary.

NJ State and Federal law prohibit discrimination against an employee because of the employee’s associations with a disabled person. An employer may not discriminate against you because of your association with a disabled person, or a person who is merely perceived to be disabled, if not in fact disabled. This protection applies not only to permanent and full-time employees but also to part-time and temporary workers. 

The disabled person need not be a relative of the employee; he/she could be a roommate, a friend or other associate. This protected category is known as associational disability discrimination.

As stated earlier on this site, if you work for a private employer you may not sue your employer for violating your free speech rights under the First Amendment of the U.S. Constitution ( not to be confused with individual state constitutions) which establishes limits only on the government’s infringement of speech rights but not on a private employer’s curtailing of speech of its employees.

The  U.S.

​Many State and Federal laws cover whether if it is legal for an employer to fire an employee who is out of work due to medical reasons. The Family Medical Leave Act (FMLA) allows employees who are covered under the statute to have 12 weeks of unpaid sick/disability leave if they work for a covered employer. Whether or not the employer is one who must adhere to the FMLA, a “covered employer”, is dependent on a number of statutory factors including the number of employees. Even if the employer is a covered employer, not all employees who work for the employer and go out on medical leave, are “covered” employees who would otherwise be entitled to the 12 weeks of leave. But even if the FMLA does not apply in the case of an individual employee, there are other laws that might apply.

What are my rights as a disabled worker?

It used to be the case that employers could discriminate against a potential or current employee due to a disability.  The Americans with Disabilities Act (ADA) passed in 1990 and various state laws enacted thereafter have outlawed this practice.  

If you are disabled you may qualify for protections under the ADA and similar state laws.  Certain types of long-term disabilities make one eligible for this protection.  Under the ADA a disability is defined as “a physical or mental impairment that substantially limits a major life activity including a major bodily function.