At McOmber McOmber & Luber, P.C., we represent employees across New Jersey who have experienced unfair treatment due to a disability. Our team helps workers understand their rights, hold employers accountable, and push back against practices that limit opportunities. We work to ensure every employee receives fair treatment, reasonable accommodations, and equal access to the workplace.
What is Disability Discrimination?
Disability discrimination occurs when an employer treats a qualified individual less favorably because of a physical or mental impairment. Both federal and state laws protect workers from this type of discrimination and require employers to provide reasonable accommodations that allow disabled employees to perform their jobs effectively.
What Qualifies as a Disability?
An individual is considered “disabled” under the ADA if they meet one or more of the following criteria:
- They have a physical or mental impairment that substantially limits a major life activity such as walking, talking, seeing, or hearing.
- They have a record or history of such an impairment, such as a previous diagnosis of cancer now in remission.
- They are regarded by their employer as having an impairment, even if the condition is minor or short-term.
These protections extend to both employees and job applicants, ensuring fair treatment at every stage of employment.
How Are the Disabled Discriminated Against?
In the workplace, disabled employees are discriminated against in multiple ways by employers, fellow employees, or even clients. Common examples include:
- Wrongful Termination
- Failure to Hire
- Pay Discrepencies
- Increased Scrutiny
- Target of Jokes, Slurs, or Stereotypes Based on Disability
- Pervasive Harassment and Hostile Work Environment
- Retaliation for Making a Complaint
- Failure to Provide Reasonable Accommodations
- Exclusion Due to Disability
These are all examples of illegal actions, and an employment discrimination attorney can fight for justice on your behalf.
Harassment and Hostile Work Environments
Disability discrimination is not limited to hiring or firing decisions. The ADA also prohibits workplace harassment based on a person’s disability. Harassment may include offensive comments or conduct that targets a person’s condition. When this behavior becomes severe or pervasive enough to create a hostile work environment, it violates the law.
Reasonable Accommodations
Employers are legally required to provide reasonable accommodations to employees with disabilities unless doing so would cause significant difficulty or expense. Reasonable accommodations are modifications that help an employee perform the essential functions of their job. Examples include adjusting work schedules, making facilities accessible to wheelchair users, or providing interpreters for employees with hearing impairments.
Failure to provide reasonable accommodations, or retaliating against an employee for requesting one, constitutes disability discrimination.
Protecting Your Rights Against Disability Discrimination in NJ
If you suspect that a disability played a role in unfair treatment at work, our employment law team is ready to stand with you. McOmber McOmber & Luber, P.C. regularly advocates for employees in ADA and NJLAD matters and pursues justice when employers violate the law. Contact our Red Bank, Marlton, or Newark offices for a free legal consultation to discuss your case and take the next steps toward safeguarding your rights. We serve clients throughout New Jersey, including Camden, Middlesex, Burlington, Monmouth County, and beyond.
