Hackensack Attorneys Fight Discrimination Based on Medical Condition

New Jersey employment lawyers protect disadvantaged workers

Treating employees disparately because of a medical condition is a form of disability discrimination. Employers who do so may be subject to fines as well as payment of damages for the victim’s associated costs. If you suffer employment discrimination based on a medical condition in New Jersey, the experienced attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack are ready to stand up for you and vindicate your rights.

What is discrimination based on medical conditions?

Federal and state laws protect people with medical conditions from employment discrimination. If your condition makes it difficult to perform a job, you may be entitled to a reasonable accommodation, which is a modification or adjustment designed to enable you to perform your job to the same extent as someone without the condition. The accommodation is considered reasonable if it would not cause undue hardship for your employer. You might also be entitled to medical leave from your job while you recover from a medical condition and to be reinstated in the same job afterward.

Types of medical conditions covered

You’re protected by law from discrimination based on chronic illnesses, disabilities, mental health issues, infectious diseases and genetic disorders. Examples of such conditions are:

• Cancer
• Heart disease
• High blood pressure
• Stroke
• Pregnancy
• Multiple Sclerosis
• Hearing or sight impairment
• Diabetes
• Paralysis
• Muscular dystrophy
• Loss of limbs
• Polio
• HIV/AIDS

We can analyze whether your medical condition is covered by law, determine if you’ve been discriminated against on that ground and seek legal remedies in your behalf.

Prohibited actions against employees with medical conditions

An employer might discriminate based on a medical condition in a number of ways, including refusal to hire, denial of reasonable accommodation, harassment, retaliation and even termination.

Discriminatory conduct can take a variety of forms, such as these:

• You are confined to a wheelchair and the company refuses to hire you for a job that doesn’t require working on foot.
• Your supervisor refuses to get you a larger computer screen, even though you repeatedly told her you need it because your eyesight is poor.
• Your employer refuses to let you work from home after an injury prevents you from driving, even though the job doesn’t require you to work at any particular location.
• Your supervisor refuses to give you an available sedentary job during your pregnancy.

An employer’s discriminatory motive is rarely admitted. It must instead be confirmed by investigation of the circumstances, such as how the company treats employees without similar medical conditions.

Legal remedies for medical discrimination

Your remedies for medical conditions discrimination may vary, depending on the nature and extent of the discrimination. You may be entitled to a court order that requires:

• Hiring or reinstatement to your job
• Imposition of reasonable accommodations
• Changes of your employer’s policies

You may also be entitled to money damages that compensate you for lost wages, attorneys’ fees and other costs associated with the discriminatory actions.

What is the time limit to file a claim for medical condition discrimination?

You have the option of filing a discrimination complaint with federal or state authorities. You must file a complaint with the Equal Employment Opportunities Commission (EEOC) within 300 days after the act of discrimination. If you choose instead to file a complaint with the New Jersey Division on Civil Rights, you have 180 days to do so. Whichever route you choose to pursue, we will make sure your complaint is thoroughly prepared and filed in a timely manner.

Contact a New Jersey medical condition discrimination attorney

If you fear that you’re the victim of discrimination based on your medical condition, the experienced attorneys of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, New Jersey can advise and represent you. To schedule a consultation, call 551-245-8894 or contact us online.