Introduction: Your Disability Shouldn’t Be a Workplace Disadvantage
Imagine being passed over for a promotion, denied accommodations, or even fired—all because of a disability. Unfortunately, for many employees in New Jersey, this is a harsh reality. But it doesn’t have to be the end of the road.
If you’re experiencing disability discrimination at work, you need to know one thing: you are protected under the New Jersey Law Against Discrimination (NJLAD).
In this article, we’ll break down how NJLAD protects disabled workers, what counts as discrimination, and what steps you can take to stand up for your rights. And if you’re feeling overwhelmed, don’t worry—Swartz Swidler is here to help guide you every step of the way.
What Is the NJLAD—and Who Does It Protect?
Understanding NJLAD
The New Jersey Law Against Discrimination (NJLAD) is one of the most robust anti-discrimination laws in the country. Unlike some federal laws that only apply to larger employers, NJLAD applies to all New Jersey employers, regardless of size.
Who’s Protected?
Under NJLAD, it’s illegal for employers to discriminate against individuals based on:
- Physical, mental, emotional, or developmental disabilities
- Past disabilities or perceived disabilities
- Medical conditions that may impact daily activities
all protected classes under NJLAD
What Counts as Disability Discrimination at Work?
Disability discrimination can be overt or subtle—but both are illegal under NJLAD.
Common Forms of Discrimination
- Refusing to hire someone due to their disability
- Failing to provide reasonable accommodations
- Terminating, demoting, or disciplining a worker because of their medical condition
- Mocking or harassing a worker for their disability
- Retaliation after a request for accommodations or filing a complaint
Real-Life Example:
Maria, a customer service representative, developed chronic migraines and asked for flexible scheduling as a reasonable accommodation. Instead of discussing options, her manager demoted her—a direct violation of NJLAD.
What Workplace Disability Discrimination Looks Like
Here are some common forms of disability discrimination in the workplace, with real-world examples:
| What it Looks Like | Real-World Example |
|---|---|
| Refusing to hire someone due to their disability | An employer decides not to offer a job to a qualified candidate after learning they use a wheelchair. |
| Failing to provide reasonable accommodations | An employee with a visual impairment requests larger monitor text, and the employer refuses without a valid reason. |
| Terminating, demoting, or disciplining a worker because of their medical condition | Maria, a customer service representative with chronic migraines, is demoted after requesting flexible scheduling. |
| Mocking or harassing a worker for their disability | Coworkers make offensive jokes about an employee’s chronic illness, and HR does nothing to stop it. |
| Retaliation after a request for accommodations or filing a complaint | An employee is fired shortly after they formally requested a reasonable accommodation for their condition. |
Your Right to Reasonable Accommodations in NJ
Under NJLAD, employers are required to provide reasonable accommodations to disabled employees unless doing so would create an “undue hardship.”
What Is a Reasonable Accommodation?
Examples include:
- Modified work schedules or remote work
- Ergonomic office equipment
- Medical leave extensions
- Reassignment to a vacant position
- Providing interpreters or accessible materials
The Interactive Process
Your employer must engage in an interactive process—a conversation to determine how they can accommodate your needs.
“Too often, employers skip the interactive process altogether. That’s not just lazy—it’s illegal.”
— Richard Swartz, Esq., Partner
Signs Your Rights May Have Been Violated
Not every unfair situation is illegal—but many are. Look out for these red flags:
- You were fired shortly after disclosing your disability
- Your employer ignored your accommodation request
- You’re disciplined for needing medical leave
- Co-workers make offensive jokes and HR does nothing
- You’re being singled out or reassigned without explanation
What to Do If You’re Facing Disability Discrimination
Feeling stuck? Here’s how to take back control:
Step 1: Document Everything
- Keep emails, medical documents, and performance reviews
- Note dates of conversations and what was said
Step 2: Make a Formal Complaint
- Put your request or complaint in writing to HR or management
- Keep copies of all communications
Step 3: File a Legal Complaint
You can file with:
- The New Jersey Division on Civil Rights (DCR) – within 180 days
- The Equal Employment Opportunity Commission (EEOC) – within 300 days
- Or file a lawsuit under NJLAD – within 2 years
Step 4: Contact a Disability Discrimination Lawyer
Swartz Swidler will:
- Evaluate your claim
- Help you secure accommodations or compensation
- File legal action on your behalf if necessary
What Compensation Can You Recover?
If you’ve been wronged, you can pursue more than just reinstatement.
You May Be Entitled To:
- Back pay (lost wages and benefits)
- Front pay (if you can’t return to your job)
- Compensation for emotional distress
- Punitive damages for especially egregious violations
- Coverage of attorney’s fees and legal costs
💡 Did You Know? In 2023, the NJ DCR reported that disability-related complaints were among the top three discrimination claims filed statewide.
FAQs About Disability Discrimination & NJLAD
- Do I need a formal diagnosis to be protected?
- Not necessarily. If your condition substantially limits a major life activity, you’re likely covered—even if it’s not formally labeled a “disability.”
- Can my employer deny my accommodation request?
- Only if it would cause undue hardship—and they must prove that claim with evidence.
- What if I’m fired after requesting accommodations?
- That may be retaliation, which is also illegal under NJLAD.
- Is there a deadline to file a claim?
- Yes:
- 180 days for DCR complaints
- 300 days for EEOC complaints
- 2 years to file a lawsuit under NJLAD
- 180 days for DCR complaints
- Yes:
Additional Resources
- NJ Division on Civil Rights – File a Complaint
- EEOC – Disability Discrimination
- Swartz Swidler – Disability Discrimination
- Contact Swartz Swidler
Conclusion: You Deserve Respect—and the Law Is on Your Side
Disability discrimination can be isolating, frustrating, and deeply unfair. But here’s the truth: New Jersey law is on your side, and you don’t have to fight this battle alone.
Whether you’ve been denied accommodations, pushed out of your role, or treated unfairly because of a disability, Swartz Swidler is ready to listen—and ready to act.
📞 Call (856) 685-7420 or schedule a free, confidential consultation today.
