Sadly, employers still unlawfully discriminate or harass disabled employees due to stigmas and biased thinking. If you have a disability that does not prevent you from performing the essential functions of your job, then your employer cannot legally discriminate against you because of your disability. Federal and New Jersey laws provide many protections for employees with disabilities in the workplace. A disability does not have to be severe or debilitating to be considered an illegal discrimination. The definition of disabilities is broad and encompasses: 

 

• Physical disabilities (for example blindness, deafness, paralysis, confined to a wheel chair, etc.)

• Mental, Developmental, & Psychological disabilities (such as depression, anxiety, learning disabilities, cancer in remission, etc.)

• Pregnancy related disabilities.  

 

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Does Your Company Have to Provide Reasonable Accommodations?

 

Employers must provide disabled employees with reasonable accommodations that will allow them to perform their job duties, and employers can be held liable for failing to do so. But they do not have to provide you the exact accommodations you requested they only have to provide an accommodation that allows you to perform your job. The employer cannot refuse to help just because it may cost money or cause an inconvenience. But an employer does not have to provide accommodations if it would cause an unreasonable hardship on the operation of the business which can depend on the company’s budget, size of business and cost of accommodation. 

 

Common examples of reasonable accommodations include modified schedules or leaves of absence, acquiring devices that make the employee’s job easier, and making facilities accessible. 

 

If you have a disability and were denied a reasonable accommodation from your employer, you may be able to recover damages. 

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Are you protected if you’re not disabled but your employer perceives you to be disabled?

 

Yes, you do not have to be disabled or handicapped to be the victim of disability discrimination. If your employer merely believes you are disabled and either fires, doesn’t promote, fails to give you a raise, or doesn’t hire you because of a perceived disability, then your employer has committed disability discrimination.

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If you have suffered disability discrimination, immediately contact DiRienzo Law Office to schedule a consultation by Calling 908-329-2727 or filling out our Contact Form.