New Jersey law provides broad protections for employees with disabilities, in addition to employees’ rights under the federal Americans with Disabilities Act (ADA).

The law interprets the term “disability” broadly and includes:

• Walking , seeing, reading, bending, and communicating.
• Major bodily functions, such as the immune system, normal cell growth, digestive, bowel, bladder, respiratory, neurological, brain, circulatory, endocrine, and reproductive functions.

If the use of medication reduces the limitations caused by your condition, or there is an assistive device such as a prosthetic, hearing aid, or specialty glasses, you will still be deemed or classified as a person with a disability.

Many times job candidates are subjected to actions that are prohibited by the ADA and the New Jersey Law Against Discrimination.  If a disabled person is denied a position or a promotion, s/he should ask for a reason.  If you have a good faith belief that you were not hired or promoted due to your impairment, then you should promptly consult with an employment attorney for workers.

Your Rights in the Workplace

For most of us, our job and career are closely linked to our identity.  Therefore, it is vital that you know and understand your workplace rights.  Working with an understanding and effective attorney-advocate can help you stay in the workplace while you are working out your disability issues, including a request for a reasonable accommodation, which may include leave time under the Family and Medical Leave Act (federal) or Family Leave Act (State of New Jersey).

Unless you are a union employee or working under a specific contract, most employees are deemed “at will”, in which case the employer may terminate your work at any time and for any lawful reason.

If you are the victim of workplace discrimination, based upon your race, gender, religion, age, disability, or sexual orientation, then you have good cause to complain.

In the case of disability, if your impairment affects your ability to perform the requirements of the job, then you may ask the employer to reasonably accommodate your disability – if the requested accommodations will permit you to do your job.

If management denies your request, or offers something that does not work for you, then your lawyer should immediately communicate with Human Resources or an identified attorney for the employer, to seek a reasonable adjustment, if possible, short of civil litigation.

As a last resort, and in a strong and provable case, filing a lawsuit could help you resolve your workplace issues.  This is something you must carefully consider and discuss not only with your employment lawyer, but also with your treatment team, including close family and friends.

Timing of your response is key to this enterprise.  There are statutes of limitations that apply, restricting your rights if you do not act on them timely.  There are also timing issues regarding the employee’s pitch to management.  An ounce of prevention, as the saying goes, can be worth a pound of cure.  That applies in the legal arena as well.

Conclusion

If you or someone you know has a crisis or concern about workplace discrimination, including issues of employment disabilities, please write or call us to discuss the problem.  We will investigate the facts, research the law, and give you an opinion as to the best way to proceed.  We will likely recommend an informal negotiated approach to begin with, followed, if necessary, by a more direct intervention.  Let’s start with a conversation.  We will be happy to meet with you at a reduced fee initial consultation.  Call our offices to schedule a near-term appointment.