Disability Discrimination Category Archives — New Jersey Employment Lawyer Blog Published by New Jersey Employment Attorneys

Published on: May 10, 2022

When Out-of-State Remote Workers Need to Pursue Their New Jersey Employers With Law Against Discrimination Claims

In April 2022, the percentage of workers who worked remotely was at its lowest in two years but, even with these declines, fully 1 in 13 workers (7.7%) remains a remote employee. With remote work comes the question of what to do if you, as a remote worker, experience discrimination or sexual harassment. Who should you sue? Where should you sue? For answers to these and other vital questions, look to an experienced New Jersey workplace discrimination lawyer for the answers you need.

A recent disability discrimination case addressing this issue involved a New Jersey woman who took a job with a New York City investment bank in 2020. Because of the COVID-19 pandemic, she began her job working remotely from her home. Shocked by the extremely long hours she was working, the employee notified Human Resources that she had an anxiety and mood disorder that required regular sleep. Human Resources and a senior partner worked out an accommodation, and the employee was made exempt from working more than 15 hours on any one day.

Just a few weeks later, the employer fired the woman, allegedly asserting that, among the job’s essential requirements, was “working many 120-hour weeks,” and that her disability rendered her incapable of satisfying the essential duties of the job.

Published on: April 29, 2022

Impermissible Retaliation Actions in New Jersey Workplaces and What You Can Do If You’re the Victim of One

by Phillips & Associates

When you get hurt on the job and become disabled (either temporarily or permanently) as a result, your employer may fear the consequences… on their bottom line. Many of those same (improper) considerations can take place when you step up and act as a whistleblower. If your employer has taken adverse action against you (such as firing you, demoting you, cutting your hours, etc.) because of the disabling injury you suffered or because you engaged in whistleblowing, then your employer very possibly has violated the law. Don’t assume there’s nothing you can do. Instead, fight back by consulting with an experienced New Jersey workplace retaliation lawyer and finding out more about the legal options that exist for you.

Sometimes, an employer can make a good-faith mistake regarding a less-than-clear issue of how far their legal obligations under the New Jersey Law Against Discrimination do (or don’t) extend. (That doesn’t mean that they aren’t culpable for the harm they caused you, as an unintentional violation is still a violation all the same. A more egregious violation may, however, open an employer up to greater liability.)

A lot of times, though, the alleged missteps an employer makes are more obvious. I.F.’s retaliation case against a New Jersey county government fell more into the latter category than the former.

Published on: April 8, 2022

Opioid Use Disorder, Opioid Addiction Treatments, and Anti-Discrimination Law in New Jersey

by Phillips & Associates

One byproduct of the opioid epidemic is the number of people who are in treatment for opioid use disorder (OUD) and who are also employed or seeking employment in this state. For that group of people, the laws that prohibit disability discrimination offer certain substantial protections, which means that, if you’ve been denied employment or suffered workplace punishment because of your treatment, you may be able, with the help of a knowledgeable New Jersey disability discrimination lawyer, to win a lawsuit under federal and/or state anti-discrimination laws.

The U.S. Justice Department’s Civil Rights Division reaffirmed and highlighted this aspect of disability discrimination law recently. The division’s new guidance document, entitled “The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery,” highlight various ways that employers may run afoul of laws barring disability discrimination, and what those employees can do about it.

The guidance document reaffirmed that OUD is considered to be people with a disability under federal law. The Americans With Disabilities Act (ADA), therefore, bars discrimination against most people with OUD who are not currently using. That includes people taking drugs (like methadone) that a doctor prescribed for them as part of their OUD treatment.

Published on: March 24, 2022

What Does (and Does Not) Qualify as an ‘Adverse Employment Action’ When You Pursue a Federal Employment Discrimination Action in New Jersey

by Phillips & Associates

When you need to pursue a discrimination lawsuit in New Jersey, your case needs several things, not the least of which is something called an “adverse employment action.” This is just one of many essential components your case needs to succeed. To make sure you have everything necessary for a positive outcome, be sure that, before you start, you’ve retained a knowledgeable New Jersey employment discrimination lawyer.

Any of a range of actions can be adverse employment actions. It is fairly cut-and-dried that things like terminations, demotions, suspensions without pay, disciplinary “write-ups” or actions, reductions of pay or hours, or negative performance reviews are adverse.

As the recent age and disability discrimination case of one New Jersey woman shows, the array of actions that can qualify as adverse under employment law is not limited only to those listed above.

Published on: December 22, 2021

COVID-19, ‘Long COVID,’ and the Legal Protections Against Disability Discrimination in New Jersey

by Phillips & Associates

As we enter our third year of living with COVID-19, scientists are coming to learn more and more about the virus and its impacts. One critical thing they’ve discovered is that the virus does not harm all of those infected equally. Some may die fair quickly, some may be entirely asymptomatic and some may have non-lethal but long-lasting damaging effects. Recent guidance produced by the courts and by regulatory authorities has come to the conclusion that COVID may qualify as a “disability” under federal and state employment law and entitle those with COVID to workplace accommodations. If you think your employer has failed to make reasonable efforts to accommodate your long-lasting COVID symptoms, then your employer may be in violation of the law and you should get in touch with a knowledgeable New Jersey disability discrimination lawyer right away.

One of the more important medical breakthroughs has come with the discovery that, for some, COVID-19 is something that does not simply go away fairly quickly or else become critical. For those, there is something called “long COVID,” “long-haul COVID” or “chronic COVID.” According to the U.S. Centers for Disease Control, long COVID refers to cases where “where individuals experience new, returning, or ongoing health problems four or more weeks after being infected with the virus that causes COVID-19.”

The U.S. Equal Employment Opportunity Commission has recognized that long COVID potentially can qualify as a disability under the Americans with Disabilities Act.

Published on: October 8, 2021

The Important Role the Right New Jersey Legal Team Plays in Ensuring Your Discrimination Lawsuit Meet All of the Law’s Procedural Requirements

by Phillips & Associates

If you’ve encountered disability discrimination in your job, you’ve likely suffered significant harm. You may have lost earnings; you may have lost your job entirely. You’ve suffered enough; you don’t need to suffer the loss of your discrimination lawsuit before it even gets off the ground because you didn’t have the tools you needed for success. Before you start, make sure have all the resources you need, including an experienced New Jersey disability discrimination lawyer.

The reasons that the right legal representation is so important are many. On TV shows, during the pretrial process, you see attorneys digging through stacks of documents or interviewing potential witnesses. You don’t see all that goes into, say, making a proper demand for the production of documents or correctly noticing a deposition.

Many procedural details potentially can trip up your case. Take, for example, Y.R., an office manager at a dermatology practice. The manager allegedly had peptic ulcers. The employer allegedly failed to accommodate the manager’s disabilities that stemmed from those ulcers. Eventually, in early 2018, the employer fired the manager after nearly 15 years on the job, so Y.R. sued for disability discrimination.

Published on: July 30, 2021

The Importance of Evidence of Discriminatory Motive in Your New Jersey Law Against Discrimination Case

by Phillips & Associates

You can think of your successful discrimination or sexual harassment case like one of those domino “chain reaction” exercises. To arrive at a successful domino effect conclusion, every element of the chain must be properly in place and must do its job. If any one of them fails, the whole thing fails. One of the many ways that the right New Jersey employment discrimination lawyer will help you is by ensuring that you have the proof you need in each of the required elements so that each of your “dominos” will be more than ready to do its job and get you to a successful case result.

The disability discrimination case of one retail worker from North Jersey makes for a very good example of this. F.K., a woman with a hearing impairment and a speech impediment, worked at a clothing store and “lifestyle retailer” in the Menlo Park Mall in Edison.

Eight months after F.K. started, a new manager came to the store. Things allegedly got off to a rocky start. The new manager verbally reprimanded for various minor infractions. There was one text message exchange about an alleged incident involving F.K. reading a book while “on the clock.” However, no one ever “wrote up” F.K. and all managers confirmed that F.K.’s work was “generally satisfactory.”

Published on: June 25, 2021

The New Jersey Supreme Court Issues an Important New Decision Impacting Workers With Disabilities Who Pursue Failure-to-Accommodate Cases in Court

by Phillips & Associates

A recent ruling from the New Jersey Supreme Court represents a very positive, and very crucial, clarification of an element of disability discrimination law in this state. Going forward, employees whose employers improperly failed to accommodate their disabilities can be confident that they do not need proof of a separate adverse employment action to win their cases. Now more than ever, if your employer failed to accommodate your disability, you should take aggressive action and seek out a knowledgeable New Jersey disability discrimination lawyer right away.

M.R., the employee in the case the Supreme Court recently addressed, was a middle school science teacher with type I diabetes. At the start of the 2012-13 school year, she received a schedule she considered problematic. The schedule called for her lunch break to start at 1:05 pm. She asked her principal for an earlier lunch period, fearing that such a late lunch could cause her blood sugar problems. Her schedule was not changed.

One day in March 2013, the teacher suffered a diabetes-induced medical trauma during her last class before lunch. She experienced a seizure and became unconscious. In the related fall, she hit her head on a table and bled extensively.

Published on: May 27, 2021

New Jersey Police Officer Who Was Allegedly Taunted by His Chief About His Military Service Successfully Lands $100K Lawsuit Settlement

by Phillips & Associates

Men and women who serve or have served in the military have made many sacrifices. One of the sacrifices members of the military should not have to make is tolerating a workplace with discrimination and harassment. If you are serving or have served, and you are experiencing this type of workplace mistreatment, you may be entitled to a judgment and substantial compensation. You should get in touch with a knowledgeable New Jersey workplace discrimination lawyer right away to discuss your legal options.

K.K. allegedly was one of those service members who did have to endure such mistreatment. According to an nj.com report, he was a Marine who, after leaving military service, became a police officer. However, while serving on a force for a borough in Somerset County, he was on the receiving end of an extensive string of offensive comments and other workplace harassment, according to his lawsuit.

Allegedly, the police chief told K.K., who was injured while serving in Iraq and experienced PTSD as a result, after the latter had performed poorly on a shooting exercise, “if you put your gun in your mouth, you wouldn’t miss.” Again noting K.K.’s poor shooting performance, the chief questioned the quality of K.K.’s military service with alleged taunts such as “I thought Marines could shoot, what … kind of Marine are you?”

Published on: May 21, 2021

A Rejected Police Officer Candidate’s Case is a Reminder that Employers Cannot Shield Themselves from Disability Discrimination Liability ‘by Contracting out Personnel Functions to Third Parties’

by Phillips & Associates

For some jobs, a psychological evaluation may be a mandatory part of the application process. While mental fitness may be an important requirement for some jobs, the law does not allow an employer to use this process – or an employer’s outsourcing of this assessment to outside psychologists – as a means to dodge liability for violations of discrimination law. If you think an employer has done that to you, you should get in touch with a knowledgeable New Jersey employment discrimination lawyer right away.

A recent disability discrimination case from federal court shows how that potentially can happen. C.G., a police officer and a former Marine, was attempting to join the police force in Pittsburgh. He passed the written exam with flying colors. After that, though, he had to complete a psychological examination process and, when two of the three psychologists recommended not hiring C.G., he didn’t get the job.

C.G. had engaged in misconduct as a juvenile but, as his complaint noted, the department had hired others who had engaged in similar youthful misbehavior. The difference, according to C.G., was that he had attention deficit hyperactivity disorder (ADHD).