Workplaces should be environments where individuals are judged based on their skills, qualifications, and contributions rather than factors beyond their control. However, disability discrimination continues to be a challenge for many employees. Understanding your rights and protections under the Americans with Disabilities Act (ADA) is crucial to addressing and preventing such discrimination.
If you have experienced disability discrimination in the workplace, it is important to seek legal representation. You have a right to a fair and inclusive work environment.
What is Disability Discrimination?
Disability discrimination represents a pervasive challenge in workplaces, wherein individuals encounter unfair treatment due to a physical or mental impairment that significantly constrains a major life activity. This form of discrimination permeates various facets of employment, casting a shadow over crucial aspects such as hiring, compensation, promotion, termination, and overall professional development. In order to foster truly inclusive and diverse work environments, it becomes imperative to delve into the nuances of disability discrimination, recognizing its manifestations and proactively addressing these issues.
Manifestations of Disability Discrimination
Let’s take a look at some of the ways an employee may experience disability discrimination in the workplace:
Hiring Practices
Discrimination can rear its head during the hiring process when individuals with disabilities face prejudice that hinders their opportunities for employment. This might include biased assessments of their abilities, irrelevant medical inquiries, or exclusion from consideration based on misconceptions about their capacity to perform job duties.
Compensation Disparities
Unjust treatment may extend to compensation structures, where employees with disabilities might find themselves receiving lower wages or benefits compared to their non-disabled counterparts. Such disparities can be subtle or overt, perpetuating an environment of inequality.
Promotion Challenges
Disability discrimination can impede career advancement, as individuals with disabilities may encounter barriers to promotion or be overlooked for opportunities for which they are well-qualified. Biases, stereotypes, and misconceptions about their capabilities can hinder professional growth.
Termination Based on Disability
In its most severe form, disability discrimination may lead to unwarranted termination. Employees with disabilities might face dismissal due to preconceived notions about their abilities, despite demonstrating competence in their roles. Such actions not only infringe upon individual rights but also contribute to a culture of exclusion.
Hostile Work Environment
Discrimination can also manifest through a hostile work environment, where individuals with disabilities endure offensive comments, derogatory remarks, or exclusionary behavior. This not only undermines their professional well-being but also erodes the overall workplace culture.
What is the ADA?
The ADA, or Americans with Disabilities Act, is a landmark piece of legislation designed to protect employees from discrimination based on disabilities. Enforced by the Equal Employment Opportunity Commission (EEOC), the ADA applies to private employers with at least 15 employees. Its primary objectives are to ensure equal opportunities, eliminate barriers to employment, and promote reasonable accommodations for individuals with disabilities.
What Are Your Rights and Protections Under the ADA?
Understanding your rights and protections under the ADA is crucial for navigating the complexities of workplace discrimination. Here are key aspects to be aware of:
Covered Employees
The ADA protects employees with disabilities, those with a history of impairment, and those regarded as disabled by their employer. To qualify, an employee must have a physical or mental impairment substantially limiting a major life activity.
Defining “Disability”
The ADA broadly defines disability as an impairment significantly limiting a major life activity. This encompasses basic tasks and major bodily functions, creating an inclusive framework for protection.
Qualified Worker With a Disability
Only qualified workers with disabilities receive ADA protection. A qualified worker is someone capable of performing essential job duties with or without a reasonable accommodation. Essential duties are fundamental tasks related to the position.
Reasonable Accommodation
Employers must provide reasonable accommodations, adjustments facilitating job performance, unless an undue hardship is present. The interactive process, a dialogue between employer and employee, helps determine suitable accommodations.
Undue Hardship
Employers can refrain from providing reasonable accommodations if it poses undue hardship, involving significant difficulty or expense. Factors considered include accommodation nature, employer resources, business size, and incurred costs.
Confidentiality
Strict confidentiality requirements under the ADA necessitate employers to keep disability-related medical information private. Employers may disclose such information in specific situations, including communication of work restrictions and accommodations.
What to Do if You Have Experienced Disability Discrimination in New Jersey?
If you have experienced disability discrimination in the workplace, taking prompt and informed action is crucial. Consider the following steps:
1. Document Incidents: Keep detailed records of discriminatory incidents, noting dates, times, locations, and individuals involved.
2. Consult an Employment Lawyer: Reach out to an experienced employment lawyer who can assess the viability of your case, provide legal guidance, and navigate administrative processes.
3. File a Complaint: Depending on the circumstances, file a complaint with the New Jersey Division on Civil Rights (DCR) or the federal Equal Employment Opportunity Commission (EEOC).
4. Understand Time Deadlines: Be mindful of the time deadlines associated with filing a claim. In New Jersey, the DCR requires filing within 180 days of the alleged discriminatory incident.
Looking for a Workplace Discrimination Lawyer in NJ?
Disability discrimination is a serious issue that requires diligent action. If you’ve faced discrimination or have questions about your rights under the ADA, seeking the guidance of an experienced workplace discrimination lawyer is essential. Swartz Swidler, LLC is dedicated to advocating for employees’ rights and can provide the legal support you need. Contact us today at 856-685-7420 or by filling out the contact form. It is time to ensure your rights are protected and that you get the compensation you deserve.
