Disability Discrimination in New Jersey

New Jersey Disability Discrimination Attorney

Managing a disability, whether physical, mental, or chronic, is already demanding. When your employer adds to that burden by discriminating against you, denying a reasonable accommodation, or treating your condition as a reason to push you out, it compounds what may already be a difficult situation in your life. You have strong legal protections under both New Jersey and federal law. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have been subjected to disability discrimination, and we fight to ensure employers meet their legal obligations.

Laws That Protect New Jersey Workers from Disability Discrimination

The Americans with Disabilities Act (ADA)

The federal Americans with Disabilities Act prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities in all aspects of employment, including hiring, firing, pay, promotions, job assignments, and training. The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship.

The New Jersey Law Against Discrimination (NJLAD)

The NJLAD provides broader protections than the ADA. It applies to employers with one or more employees and defines disability more expansively than federal law. Under the NJLAD, a disability includes any physical or mental impairment that prevents the normal exercise of any bodily or mental functions, or that is demonstrable by accepted clinical or laboratory techniques. The NJLAD also requires employers to make reasonable accommodations for employees with disabilities.

What Is a Disability Under New Jersey Law?

A disability under the NJLAD includes a wide range of conditions, both physical and mental. Common examples include:

• Mobility impairments and physical injuries

• Chronic illness such as cancer, diabetes, heart disease, or Crohn’s disease

• Mental health conditions including depression, anxiety, PTSD, and bipolar disorder

• Sensory impairments such as vision or hearing loss

• Neurological conditions including epilepsy and multiple sclerosis

• Conditions perceived as disabling even if they do not currently limit functioning

The NJLAD also protects employees who are perceived as having a disability, even if they do not actually have one.

What Is a Reasonable Accommodation?

A reasonable accommodation is any modification to a job, work environment, or the way work is performed that allows a qualified employee with a disability to do their job. Employers are required to engage in an interactive process with the employee to identify an effective accommodation.

Common examples include:

• Modified work schedules or reduced hours

• Remote work or telecommuting arrangements

• Physical modifications to the workspace

• Reassignment to a vacant position

• Leave beyond what FMLA provides

• Modified equipment or assistive technology

An employer can only refuse an accommodation if it would impose an undue hardship, meaning a significant difficulty or expense relative to the employer’s size and resources.

What Counts as Disability Discrimination?

Disability discrimination can take many forms, including:

• Terminating an employee because of their disability or perceived disability

• Refusing to hire a qualified applicant because of a disability

• Denying or failing to engage in the interactive accommodation process

• Providing inadequate accommodations without justification

• Demoting, reassigning, or reducing pay because of a disability

• Harassment based on a disability or perceived disability

• Retaliating against an employee for requesting an accommodation or filing a complaint

What Is the Statute of Limitations for Disability Discrimination in New Jersey?

Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit. For federal ADA claims, you must file a charge with the EEOC within 300 days. Because disability discrimination cases often involve an ongoing failure to accommodate, the limitations analysis can be complex. Speak with an attorney as soon as possible.

What Damages Can I Recover?

Employees who prevail in disability discrimination cases in New Jersey may be entitled to recover:

• Back pay and lost benefits

• Front pay or reinstatement

• Compensatory damages for emotional distress

• Punitive damages in cases of egregious employer conduct

• Attorney’s fees and costs

Frequently Asked Questions

Does my condition have to be severe to qualify as a disability?

Not necessarily. The NJLAD defines disability broadly and does not require a condition to be severe or permanent. If your condition prevents the normal exercise of a bodily or mental function or is demonstrable by clinical techniques, it may qualify.

What if my employer says my accommodation request is too costly?

An employer can deny an accommodation only if it would impose an undue hardship. This is a high bar, particularly for larger employers. A blanket refusal without engaging in the interactive process is itself a violation of the law.

Can I be fired while on disability leave?

Terminating an employee while they are on approved disability leave can constitute disability discrimination, particularly if the leave was itself a reasonable accommodation. The circumstances matter, and an attorney can help you evaluate whether your termination was lawful.

What if I was discriminated against because my employer thought I had a disability?

You are still protected. The NJLAD prohibits discrimination based on perceived disability, meaning your employer cannot treat you adversely because they believed you had a condition, even if you do not.

What should I do if my accommodation request was denied?

Document everything: your request, your employer’s response, and any communications in between. Then consult an employment attorney as soon as possible. An attorney can help you determine whether your employer violated the law and what options are available to you.