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
- Undergoing cancer treatments
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.