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Both federal and state laws establish protections for employees with physical or intellectual disabilities that all qualifying employers must uphold in good faith. Unfortunately, many companies do not adhere to provisions against disability discrimination in the workplace.
If you believe you were unfairly terminated from a job or denied an employment opportunity because of your disabling condition, speaking with a Cherry Hill disability discrimination lawyer from our firm may be in your best interests. Depending on the circumstances of your case, a qualified workplace discrimination attorney may be able to help you obtain legal recourse for instances of harassment, denied accommodations, and other adverse actions taken on the basis of your documented disability.
Disability Protections under Federal and State Law
The federal Americans with Disabilities Act (ADA) prohibits employers from discriminating against disabled workers who can perform their assigned job duties with reasonable accommodation. Likewise, the New Jersey Law against Discrimination makes it illegal for an employer to terminate or refrain from hiring someone because of his or her disability and requires employers to make reasonable accommodations for job-related activities.
While these laws differ slightly in how they define “disability,” an employee is generally considered disabled if he or she has a documented physical or mental impairment that substantially restricts his or her ability to perform one or more major life activities. Reasonable accommodations that an employer may be required to provide for a disabled worker include:
- Modified shift schedules
- Adjusted employee training and workplace policies
- Installment of specialized equipment like wheelchair ramps or speech synthesis tools
These laws apply to all companies with 15 or more employees, as well as all federal and state government agencies, all labor organizations, and all employment agencies. A local attorney from our firm could help clarify whether a worker’s condition constitutes a disability under these regulations as well as whether the mistreatment he or she experienced could serve as grounds for a valid discrimination case.
Building a Case for Disability Discrimination
The burden of proof for disability discrimination typically falls to the worker filing suit. For example, in a case involving failure to accommodate a disability, the plaintiff would have to prove that he or she has a documented disability, that he or she is able to perform essential job duties with reasonable accommodations, and that his or her employer knowingly denied those necessary accommodations.
Conversely, if an employer argues that a disabled individual could not fulfill a job’s essential duties, the burden falls on that employer to demonstrate the worker’s inability to perform the required tasks. Fortunately, a member of our dedicated legal team could help establish a pattern of discriminatory behavior and past ADA violations from a Cherry Hill employer.
Learn More from a Cherry Hill Disability Discrimination Attorney
No one should be discriminated against by an employer for a disability that, with reasonable accommodation, does not impact their ability to maintain gainful employment. If you were subjected to this kind of mistreatment, understanding and taking advantage of your legal options should be high on your list of priorities.
A conversation with a Cherry Hill disability discrimination lawyer could clarify what may be possible in your situation and may ultimately help you decide what to do next. To schedule an initial consultation about your potential claim, call our firm today.