Even though Congress passed the Americans with Disabilities Act in 1990, subtle forms of discrimination against the disabled persist. Some employers continue to discriminate against people with physical, mental or emotional disabilities in hiring, pay, promotion and termination decisions. This camouflaged discrimination occurs, for example, when an employer imposes physical requirements that actually are irrelevant to the performance of the job.
According to the New Jersey attorney general, the factors that cannot play a role in employment decisions include disabilities that are obvious (the need to use a wheelchair, for example) as well as those that are invisible (HIV status). Unequal treatment of people with disabilities includes:
- Lower pay for the same work — It is illegal to pay a disabled person less than his or her coworkers merely because of the disability.
- Failure to promote — It is illegal to pass over an employee for a promotion strictly because of the employee’s disability.
- Teasing and harassment — Employers have a duty not to create or allow a hostile work environment for employees with disabilities.
- Failure to accommodate — An employer must provide reasonable adaptations to the work and workplace to accommodate employees with disabilities.
If you are suffering discrimination because of a disability, you need to speak with an employment law firm. Successful litigation can recoup lost income for you, and help create a fairer workplace for other people with disabilities.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the senior managing partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
