The New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) both aim to provide equal opportunities for individuals with disabilities in the workplace. Despite their shared objectives, these laws differ somewhat in their definitions of disability and in the responsibilities they place on employers.
Under the ADA, a disability is characterized as a physical or mental impairment that considerably limits one or more major life activities. This definition extends to individuals with a history or record of such an impairment, as well as to those perceived by others to be so impaired. Major life activities impacted by these impairments include essential functions like seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, self-care and working.
The LAD adopts a more inclusive definition of disability. The impairment need not substantially limit major life activities. Instead, the statute covers any physical, mental or psychological impairment that hinders the normal functioning of any bodily or mental faculties, or that is identifiable through clinically accepted diagnostic techniques. This definition includes physical disfigurement and various mental, psychological, or developmental disorders.
Both the ADA and the LAD mandate that employers provide reasonable accommodations to qualified individuals with disabilities, as long as these accommodations do not impose undue hardship on the operation of the business. Accommodations may consist of modifications to the work environment or changes in the way a job is typically performed.
Given the broader scope of the LAD’s definition of disability, the spectrum of conditions eligible for accommodations under New Jersey law is potentially more extensive than under federal law.
When it comes to enforcement and remedies, the procedures and potential outcomes under the ADA and the LAD also diverge. Under the ADA, individuals who believe they have faced discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC). Following an investigation, if the EEOC finds the complaint valid, it may issue a right-to-sue letter, which permits the complainant to initiate a lawsuit in federal court. Remedies under the ADA can include back pay, reinstatement, compensatory damages and, in exceptional cases, punitive damages.
In New Jersey, individuals can file a discrimination complaint under the LAD either with the New Jersey Division on Civil Rights (DCR) or directly in the New Jersey Superior Court. The LAD offers a broad range of remedies, including reinstatement, back pay, compensation for pain and humiliation, and sometimes punitive damages. Notably, the LAD also provides for the recovery of attorneys’ fees, which is not a standard provision under the ADA.
If you work in New Jersey and suspect you have been subjected to disparate treatment based on an actual or perceived disability, it is advisable to speak with a disability discrimination attorney who is well-versed in both state and federal law. The attorney can decide on the best path to take with the goal of securing appropriate accommodations and maximizing recoverable financial compensation.
The law firm of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack represents workers throughout New Jersey in state and federal discrimination claims. Call us at 551-245-8894 or contact us online to arrange an appointment to discuss your situation.
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…
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…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
