Disability discrimination occurs regularly in the workplace. One reason is that employees with disabilities often require accommodations, particularly leaves of absence. Accommodations like leaves of absence can be disruptive to the employer’s business, cost the employer money and inconvenience other employees. That’s why juries instinctively understand that employers are willing to target employees with disabilities.
Another reason that makes disability discrimination common is lack of understanding on the part of employers (particularly smaller employers without human resources or legal departments) that for purposes of a discrimination claim, essentially any physical, emotional or mental condition is a disability. Another reason discrimination occurs often is because employers may believe that employees who become sick (disabled) will no longer perform up to expected standards or as well as they performed before.
You should know that you do not have to be wheelchair-bound to be considered disabled under the law. The term “disability” is broad and encompasses physical, mental and emotional disabilities. Even temporary conditions can qualify as disabilities. In fact, the employee does not need to actually have a disability; if an employer is motivated by the incorrect assumption or perception that an employee has a disability, that can be the basis for a discrimination claim.
If you are being or have been discriminated against because you have a disability or your employer perceives you as being disabled, speak with a lawyer. Call the New Jersey employment law attorneys at Lenzo & Reis, LLC, at (973) 845-9922. We represent people with disability discrimination claims in Morristown, Newark and Jersey City, and throughout New Jersey. You may also tell our attorneys briefly about your discrimination problem using our online form.