Protections for New Jersey Employees with Disabilities

Ensuring that employees with disabilities receive fair treatment in the workplace is a fundamental goal of both the Americans with Disabilities Act (ADA) and corresponding New Jersey laws. These regulations mandate that employers provide reasonable accommodations and prohibit discrimination based on disability. Understanding these laws is crucial for employees who believe they have been treated unfairly due to their disabilities.

Key Features of Disability Laws

The ADA, a federal law, sets a standard for protecting disabled workers by requiring employers to provide reasonable accommodations for employees with disabilities, as long as it does not cause undue hardship on the operation of the business. New Jersey’s Law Against Discrimination (NJLAD) offers similar protections and sometimes provides even broader coverage. Both laws cover various aspects of employment, including hiring, wages, job assignments, promotions, training, benefits, and other employment-related activities.

Common Violations of Disability Laws

Violations of the ADA and NJLAD can occur in numerous ways but most frequently involve:

• Failure to provide reasonable accommodations.
• Discriminatory hiring practices.
• Inequality in pay or promotions.
• Harassment based on disability.
• Wrongful termination due to disability.

Tips for Employees Preparing a Disability Discrimination Case

1. Document the Discrimination: Keep detailed records of any instances where you believe discrimination occurred. This includes emails, memos, and notes from relevant meetings, especially those involving discussions about accommodations.
2. Request Accommodations in Writing: When requesting accommodations, do so in writing and keep a copy of this request along with any responses from your employer. This serves as evidence that you engaged in the interactive process required by law.
3. Gather Medical Documentation: Be prepared with medical documentation that clearly outlines your disability and the recommended accommodations. This information is crucial in proving that you are covered under the ADA or NJLAD.
4. Know Your Rights: Familiarize yourself with the specific protections offered by the ADA and NJLAD. Understanding your rights under these laws can help you effectively communicate with your employer and advocate for yourself.

How Employment Lawyers Can Assist in ADA Claims

Employment lawyers play a vital role in the successful navigation of disability discrimination cases. They can help in several key areas:

• Case Evaluation: A lawyer can provide an initial evaluation of your case, helping to determine if there has been a violation of the ADA or NJLAD and what legal steps should be taken.
• Developing a Legal Strategy: Based on the specifics of your case, a lawyer can develop a strategy that includes gathering necessary evidence, engaging expert witnesses if needed, and preparing for negotiations or trial.
• Representation and Advocacy: An employment lawyer will represent you in all legal proceedings, advocating on your behalf and ensuring that your case is presented effectively. They will negotiate with employers and, if necessary, argue your case in court.
• Maximizing Compensation: Lawyers are skilled at negotiating settlements or awards that appropriately compensate for the harm suffered due to discrimination. This may include back pay, reinstatement, compensatory damages, and sometimes punitive damages.

Conclusion

Employees with disabilities deserve a workplace free from discrimination, where they are provided with necessary accommodations. For those who face challenges in this respect, it is advisable to take proactive steps to document any issues and seek the assistance of an employment lawyer skilled in ADA and NJLAD claims. With the right preparation and legal support, employees can enforce their rights and ensure they are treated fairly and respectfully in the workplace.