What are Your Rights in New Jersey and Pennsylvania if Your Employer Discriminates Because of a Disability?

What is Employment Discrimination?

Employment discrimination in New Jersey and Pennsylvania is unequal treatment based on a disability. Unequal treatment alone is not sufficient. Common examples of disability discrimination are:

• If you’re not hired, you’re fired or you’re not promoted for a job because of your disability.
• If you don’t receive the same pay or the same benefits because of your disability.
• If you’re teased at work, other workers or your boss make jokes about your disability. creating a hostile environment, that’s potentially discrimination. Likewise, employers can’t make it harder for you to do your job.
• If your work conditions or discipline terms are different from other workers.
• If the employer doesn’t offer reasonable accommodations for your disability.

Types of Disabilities

• Actual or imagined.
  • Physical – This includes orthopedic problems, nerve problems, some diseases and more.
  • Mental – psychological and emotional problems that don’t prevent you from doing your job if reasonable accommodations are made.
  • Pregnancy related
  • Perceived – You don’t have to have an actual disability in some cases. If you’re not hired, fired, not promoted or get reduced pay/compensation because an employer thinks you are or were disabled, you may have a disability claim.
• Level and degree
  • Severe and obvious – such as needing a wheelchair
  • Less obvious
    • A learning disability
    • Depression
    • Undergoing cancer treatments
    • Anxiety

Discrimination Laws

There are federal and state laws that protect you from being discriminated against because of your disability

• Federal. The Americans with Disability Act (ADA) – requires employers to make reasonable accommodations for employees with disabilities – as long as the employee can otherwise do the work. The ADA law also protects employees with disabilities from being harassed because of their disability.
• New Jersey Law against Discrimination (NJLAD) http://www.state.nj.us/lps/dcr/law.html
• Pennsylvania – The Pennsylvania Human Relations Act prohibits enforces employer disability discrimination

What are Reasonable Accommodations? Your employer has to provide reasonable accommodations if you have a disability.

• The accommodations have to let you do your job.
• Medical equipment is often a solution.
• The employer has to give you time off to get medical care for your disability under the Family and Medical Leave Act

Why a Disability Discrimination Lawyer can Help? He or she will know:

• Which federal and state laws apply
• What your work rights are
• What your damages are such as getting your job back, getting the pay and benefits you should or getting reasonable accommodations.
• How to prove discrimination. Proving discrimination requires an experienced lawyer since the employer and other employees are likely to be uncooperative.

Our firm’s experience
The attorneys of Begelman & Orlow, P. C. have offices in Cherry Hill, New Jersey and Conshohocken, Pennsylvania. Contact our offices at 866-627-7052. We have 115 years combined experience protecting your rights. We have experience in all phases of employment law, including disability discrimination.