New Jersey Disability Discrimination Attorneys

Fighting For Those Who Are Experiencing Discrimination Based on Their Disability 

Both New Jersey state laws and federal laws prohibit discriminatory behavior toward an employee based on their disability. If you think you have been discriminated against in the workplace because you have a disability, then you should consider contacting a New Jersey disability discrimination lawyer to assert your rights.

Call The Law Firm of Morgan Rooks, P.C. today at (856) 746-6332 or contact us online to schedule a consultation with our disability discrimination lawyer in New Jersey.

Recognizing Disability Harassment in the Workplace

Disability harassment can include behaviors such as:

• Offensive / negative remarks about a person's disability
• Verbal or physical misconduct based on a person's disability

Hiring a disability discrimination lawyer is vital because it allows you to have someone on your side who understands the law and can help you fight for your rights. Disability discrimination lawyers have the experience and knowledge to help you navigate the complex legal system and increase your chances of success.

Understanding New Jersey's Disability Discrimination Laws

Unfortunately, it’s not uncommon for disabled employees to be discriminated against in the workplace, whether they have a physical, mental, perceived, or short-term disability. The New Jersey Law Against Discrimination (NJLAD) and the Americans with Disabilities Act (ADA) state that it is illegal to discriminate against or harass employees or potential job applicants because they have a disability, was disabled in the past, or are regarded as having a disability.

An employer needs to provide a reasonable accommodation for any employee or applicant with a disability so that he or she can perform the job to the best of his or her ability. The only exception is if those accommodations would create immense expense or difficulty for the employer. Reasonable accommodations are defined as a modification in the workplace that helps the employee with a disability to do their job duties.

Why Partner with a NJ Disability Discrimination Attorney

Our team of disability discrimination lawyers in New Jersey has helped protect the rights of employees in NJ for decades. Having an experienced attorney by your side willing to fight for you is important for ensuring that you are provided with the legal support and guidance that you need. Take a look at our client testimonials and see why we are the most trusted team of disability discrimination attorneys in all of New Jersey and Philadelphia.

If you have experienced workplace discrimination or refusal to provide reasonable accommodations, the employment law attorneys at The Law Firm of Morgan Rooks, P.C. are ready to hear your case and represent you.

Understanding Your Rights 

Disability discrimination involves unfavorable treatment by an employer or other entity, on an employee or applicant because of their disability. The state of New Jersey protects any form of "disability" when it comes to disability discrimination, including both mental and physical disabilities.

ADA and NJLAD: Protecting Your Disability Rights

Some examples of disabilities protected may include the following:

• Illness
• Disease
• Disabilities related to pregnancy
• Addiction
• Mental impairment of any sort

Identifying Disability Discrimination in Workplaces

Our lawyers have handled numerous disability discrimination cases. Time and time again, we see employers discriminating against individuals with disabilities.

Some examples of such disability discrimination are:

• Failing to engage in an interactive process to determine the appropriate reasonable accommodation
• Not providing reasonable accommodations for the employee with a disability so they can do their job
• Making offensive or inappropriate statements about disability
• Passing someone over for a promotion because of a real or perceived disability
• Paying an employee with a disability less than others doing their same job
• Treating an employee with a disability differently than everyone else
• Denying an employee’s request for time off under the Family Medical Leave Act (FMLA) or retaliating against said employee for exercising rights under FMLA
• Outright asking a job applicant if they have a type of disability
• Exhibiting retaliatory behaviors toward an employee if they request an accommodation or receive an accommodation

Experiencing disability discrimination? Contact us online or call us at (856) 746-6332 today to receive a FREE consultation with our workplace disability discrimination lawyer in NJ.

What Proof Do I Need in a Disability Discrimination Claim?

The types of proof needed can vary depending on the specifics of your case, but generally include:

• Medical Documentation: Medical records are vital in establishing that you have a disability as defined by law. These records should detail your condition, treatment, and how it affects your daily life. Documentation from healthcare professionals, including diagnoses, treatment plans, and prognosis, can substantiate your claim.

Evidence of Discriminatory Actions

Document instances of discrimination by collecting evidence that demonstrates how you were treated unfairly due to your disability. This can include:

• Emails and Correspondence: Emails, letters, or any other written communication that reveals discriminatory attitudes or decisions.
• Witness Statements: Testimonies from colleagues, friends, or others who have witnessed the discriminatory behavior.
• Meeting Notes and Memos: Records of meetings or conversations where discriminatory comments or actions were made.

Employment Records

For workplace discrimination claims, gather records related to your employment, including:

• Performance Reviews: Documentation of performance evaluations that show any discrepancies or unfair assessments related to your disability.
• Disciplinary Records: Records of any disciplinary actions taken against you that may be linked to your disability.
• Employment Applications: Your job application and any related paperwork that may indicate bias in the hiring or promotion process.

Accommodation Requests

If your claim involves the denial of reasonable accommodations, provide evidence of your requests and the responses you received. This includes:

• Accommodation Requests: Written requests for accommodations and the responses from your employer or service provider.
• Denials: Evidence showing that your requests were denied or inadequately addressed.

Comparative Evidence

Demonstrating that individuals without disabilities were treated more favorably can strengthen your case. This may include:

• Comparative Employment Records: Records showing how similarly situated employees without disabilities were treated.
• Statistical Data: Data or statistics that reveal patterns of discrimination within the organization or service.

Reasonable Accommodations: Your Rights Under ADA and NJLAD

As an employee with a disability, you have the right under the ADA and NJLAD to request that reasonable accommodations be made so you can do your job correctly. Your employer must enter what is called the interactive process with you, so that, together, you can decide what accommodations can reasonably be made and what options are available to you at your workplace.

Types of reasonable accommodations that should be made include:

• Getting specialized equipment such as a screen reader or documents in large print that help you do your job
• Having other employees do some of the non-essential tasks that were in your job description
• Changing your desk area or your working hours
• Allowing a flexible work schedule
• Reassigning the employee to a vacant position

Your workplace facility should also be ADA and NJLAD compliant. Any building that is public is required to have accessibility standards that the ADA sets forth, and commercial facilities, while they may be privately owned, are also regulated by the ADA.

Understanding Your Rights Under the ADA

As a person with a disability, it's important to understand your rights under the Americans with Disabilities Act (ADA). Our New Jersey disability discrimination attorneys are well-versed in the ADA and can help you navigate the complexities of disability discrimination laws in the workplace.

Some key points to keep in mind about the ADA include:

• The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and public accommodations.
• Employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose an undue hardship on the business.
• Examples of reasonable accommodations may include modified work schedules, assistive technology, and changes to the physical work environment.
• It's important to document any instances of disability discrimination or harassment in the workplace, and to seek legal guidance to protect your rights.

Our team of experienced disability discrimination lawyers is here to advocate for you and ensure that your rights are upheld under the ADA. Contact us today for a free consultation to learn more about how we can help.

Contact Our NJ Disability Discrimination Lawyers Today

Throughout New Jersey, our attorneys handle disability discrimination cases for many employees who have faced illegal discrimination, simply because they have a type of disability. If you are concerned that your employer has discriminated against you, the disability lawyers at The Law Firm of Morgan Rooks, P.C. may be able to help. It is important to act quickly as there is a limited amount of time to file Equal Employment Opportunity Commission complaints or disability discrimination claims.

Contact us at (856) 746-6332 to set up your free consultation with our NJ disability discrimination attorneys.