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Workplace Discrimination Based on Disability: What Can You Do as a Victim?

Are you an employee with a disability and have suffered workplace discrimination? If so, you must know the law protects you. Under New Jersey’s Law Against Discrimination or LAD, it is not lawful for anyone to treat an individual with a disability differently than other workers or job applications. Also, employers must give reasonable accommodation to allow a disabled worker to perform their job duties. They should communicate with this employee to know if they require accommodation. If you are a victim of workplace discrimination, you should schedule an appointment with an Employment Discrimination Attorney to know the best course of action. 

Understanding Workplace Disability Discrimination

Workplace discrimination based on disability occurs when an employer treats a disabled worker differently from non-disabled workers. Also, this can take place when an employer perceives a non-disabled worker as disabled and treats them differently. Discrimination can come in the form of employment termination, demotion, and rejection upon job application. 

In addition, discrimination happens if an employer refuses to give a disabled worker reasonable accommodation that allows them to perform their job responsibilities. Reasonable accommodation can include special equipment, working from home, flexible hours, software, and others. 

Protection is Available to Disabilities of Different Forms and Severity

In the state of New Jersey, a disability covers mental or physical impairments that are not serious and debilitating. Because of this, any impairments that cause a worker to be confined to a wheelchair, lose their hearing, become blind, or become paralyzed are considered disabilities. Other conditions that get protection from anti-discrimination laws include learning disabilities, cancer, anxiety, and depression.

Available Remedies for Victims

Under the LAD, aggrieved workers can pursue compensation as a result of workplace discrimination. They can pursue lost wages, reinstatement, and damage for emotional distress. Employers with negligent or reckless conduct are liable for compensatory damages. Also, punitive damages can be awarded in case of willful indifference or upper management participation. Attorney’s fees and costs may be awarded to the discriminated employee. 

How a Lawyer Can Help

If you are facing workplace discrimination because of your disability, your attorney can help you recover damages. You should act quickly since strict time limits apply to when you could make a claim. Failing to meet the deadline can result in you losing your claim. Your attorney can walk you through your legal options, help you understand your rights and how to protect them, as well as ensure you get the proper treatment you deserve. 

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