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.

Request an Appointment

Over 115 Years combined experience protecting your rights New Jersey Employment Law Attorneys A Full Service Law Firm Handling Cases Across Pennsylvania and New Jersey

Serving Clients Nationwide

Cherry Hill Office

411 Route 70 East
Cherry Hill, NJ 08034

Telephone: 856.428.6020

Telephone: 856-547-7400

Fax: 856-428-5485