According to the Bureau of Labor Statistics, about 19% of those with a disability are employed, either full-time or part-time. Disabilities can take many forms, such as physical or mental; but all disabled workers are protected under federal and New Jersey Law.
If you believe you have suffered workplace discrimination because of your disability, please contact a New Jersey discrimination attorney for help with your case.
Anti-Discrimination in Employment & Hiring
It is illegal for an employer to treat a qualified individual less favorably than another employee or applicant because of a disability. Federal protections apply to employers with 15 or more employees.
There are many situations in which disability discrimination can occur:
- Hiring
- Layoff
- Termination
- Promotion
- Pay and benefits
- Training opportunities
- Job opportunities
- Any other condition of employment
For example, if you are laid off because of your disability, you probably have a claim for compensation.
Workplace Harassment
Harassment is a special category of workplace discrimination. Under federal law, it is illegal to harass an employee or applicant because of a current or past disability. Harassment can take many forms, such as offensive remarks or slurs about a person. It can also include offensive gestures, nicknames, and even offensive imagery.
The key is whether the conduct is so frequent or severe that the workplace becomes hostile or offensive. Under this standard, a stray comment or simple teasing probably does not qualify. But repeated conduct very well could.
The person who is harassing the worker can be a boss, member of management, colleague, or even a non-employee, like a vendor, client, or customer. The person harassing you could even be disabled themselves.
Reasonable Accommodations
Disabled workers sometimes need adjustments to a job so that they can perform it, and federal law requires that employers honor reasonable accommodations. The word “reasonable” is key. An employer does not have to honor every request to change a job so that it is more convenient. If the accommodation is too difficult or expensive, then it is an undue hardship and an employer can decline the request.
What qualifies as an “undue hardship” is decided on a case by case basis. The fact that an accommodation costs some money is not a sufficient ground for denial. However, some accommodations might cost too much for an employer, depending on various factors, like the employer’s size. If your accommodation has been denied, you should meet with an attorney to review.
Understanding Your Rights
There are important limitations on federal law. For one, it only applies if an employer has 15 or more employees, so employees of very small businesses will not be protected.
New Jerseys’ Law Against Discrimination, however, can step in and protect other employees. This state law prohibits disability discrimination in employment and covers employers of any size, so employees at smaller businesses should have equivalent rights to those working at larger companies.
Contact Us About a Disabled Worker Lawsuit in New Jersey
The Sattiraju & Tharney, LLP is a leading New Jersey firm focusing on workers’ rights. We have handled many disability discrimination cases and would be pleased to explain the legal remedies available to you. Please contact us to schedule an initial consultation.
FAQs About What Rights Do Disabled Workers Have
What counts as a disability if I want to protect my job in New Jersey?
You don’t have to be in a wheelchair or have a visible medical condition to be legally protected. Under the New Jersey Law Against Discrimination (NJLAD), the definition of a “disability” is incredibly broad—much broader than federal law. It covers almost any physical, mental, psychological, or developmental condition that can be medically proven by a doctor. This includes common, invisible conditions like severe depression, anxiety, cancer, diabetes, and chronic back pain.
How do I legally ask my employer for a “reasonable accommodation” for my medical condition?
There is no special legal form or magic phrase required to start this process. You simply need to let your manager or Human Resources know that you need a change at work due to a medical condition. This kicks off what the law calls an “interactive process”—a mandatory, good-faith conversation where you and your employer work together to find a solution. This could mean asking for modified equipment, a temporary shift change, a quiet workspace, or intermittent time off for doctor appointments.
Can my boss fire me in NJ if my medical condition makes it impossible to do my exact job duties?
An employer cannot fire you just because you have a medical condition, but they are also not legally forced to keep you in a role if you can no longer perform its “essential functions” even with help. However, before they can fire you, they must genuinely try to accommodate you. If a reasonable accommodation cannot make you successful in your current role, New Jersey law requires the employer to see if there is an open, alternative position you are qualified for that you could transfer into.