Experienced New Jersey Disability Discrimination Attorney support ADA claims
Generally, employers are given significant discretion when it comes to hiring, firing and promoting in the workplace. However, this does not mean they have unlimited freedom. Laws exist to prevent employers from discriminating against employees and job candidates on the basis of certain characteristics, including disabilities.
At the law firm of Deutsch Atkins, P.C., we protect the rights of employees. Our founding partners have more than 50 years of combined experience serving employees who have faced discrimination or harassment in the workplace.
State and federal protection for disabled and handicapped workers
Under the Americans with Disabilities Act (ADA), the federal government requires employers to make reasonable accommodations to allow a disabled person who is otherwise qualified for a position to do the job. Employers must not discriminate against disabled individuals who can perform the required job responsibilities simply to avoid the costs of accommodation. The ADA also prohibits harassment in the workplace on the basis of an employee’s disability.
New Jersey has the even stronger Law Against Discrimination to protect disabled workers. Its protections extend to individuals with a mental disability, physical disability, or even a perceived disability. If you have encountered an employer who is unwilling to make basic accommodations, such as making an office wheelchair accessible, you may have a legal claim for disability discrimination.
Unequal treatment is only actionable if it is due to discrimination
Frequently, people mistake unequal treatment for employment discrimination. When you face unequal treatment in the workplace because of personality conflicts, favoritism, or just plain unfairness, the law offers no remedy. The law only provides a remedy when the unequal treatment is a reaction to a person’s protected status, such as when an employer denies a promotion opportunity because an employee has a disability.
To bring your legal claim for disability discrimination, you must establish that you received unequal treatment because of your disability. These claims are often difficult to prove; there is rarely “smoking gun” evidence where the employer or supervisor clearly states the bias. However, our attorneys have the experience necessary to effectively investigate these difficult claims.
Contact a leading NJ law firm regarding your disability discrimination claim
If you have been subject to discrimination as a result of your disability or perceived disability, come to the law firm of Deutsch Atkins, P.C. We serve clients in New York and New Jersey and have offices in Hackensack, Bergen County, New Jersey; Rockland County, New York; and Midtown Manhattan. Call 551.245.8894 or contact us online to speak with an experienced attorney.