By Chris Shea
A proven New Jersey employment law source makes the following important point concerning workplace discrimination targeting a prospective or current worker’s disability. It sadly notes that many employers “cannot look past a person’s impairment, and only see “can’t” or “cost.” That is both unfair and unfortunate. Moreover, it also spells this: flatly unlawful conduct aimed at a select employment demographic that is rightly afforded protection under powerful federal and state laws.
A New Jersey employer that treats a disabled worker in an illegal manner runs squarely into statutory legislation that firmly prohibits such conduct. Both the federal and New Jersey laws cited above set forth a “reasonable” accommodation test that courts are guided by in work place disability discrimination cases.
The aforementioned employment law places the onus upon employers to engage in good faith with a disabled job candidate or worker concerning accommodations. If the accommodation is reasonable and can be offered, without placing an undue burden on the employer, then the accommodation MUST be offered.
An employer who takes any other course of conduct will run afoul of the New Jersey Law Against Discrimination
Here is the bottom line. Disabled individuals who can work have a legal right to do so. If they are denied the opportunity, the New Jersey Law Against Discrimination permits that they turn to it for legal help and a meaningful remedy.
