Employees with physical or mental disabilities have the right to equal treatment, reasonable accommodations, and freedom from workplace bias. When employers fail to meet these obligations, legal action may be necessary to protect your career and financial stability. Understanding your rights under Employment Law Overview | Discrimination | Sexual Harassment | Hostile Work Environment | Wrongful Termination | Whistleblower | Retaliation | Equal Pay | Unpaid Overtime | Employment, Non-Compete, Severance Agreements | Family Medical Leave Act | NJ Family Leave Act can help you determine whether unlawful conduct has occurred.

Castronovo & McKinney, LLC focuses exclusively on employment law and represents clients throughout New Jersey who face disability discrimination in the workplace. From its Morristown office, the firm serves Bergen County, Essex County, Middlesex County, Morris County, and surrounding communities with strategic and results-oriented advocacy.

Legal Protections for Employees with Disabilities

The New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit employers from discriminating against qualified individuals with disabilities. These laws apply to hiring, promotions, compensation, discipline, and termination decisions.

A disability may include physical impairments, chronic medical conditions, mental health conditions, and other medical diagnoses that substantially limit one or more major life activities. Importantly, protection also extends to individuals who are perceived as having a disability, even if they do not.

Reasonable Accommodation Requirements

Employers are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would impose an undue hardship on business operations. Reasonable accommodations may include:

• Modified work schedules
• Remote work arrangements
• Assistive devices or equipment
• Temporary reassignment to available positions
• Adjustments to workplace policies

The interactive process between employer and employee is critical. When employers fail to engage in good-faith discussions about accommodations, legal claims may arise.

Common Forms of Disability Discrimination

Disability discrimination can take many forms, including:

• Refusal to hire based on a disclosed medical condition
• Termination after requesting accommodations
• Harassment related to a medical condition
• Unjustified medical inquiries or disclosure of confidential health information
• Failure to provide reasonable accommodations without valid justification

Even subtle actions—such as excluding an employee from meetings or advancement opportunities after a medical disclosure—may support a claim when tied to discriminatory motives.

Retaliation After Requesting Accommodation

Employees who request reasonable accommodations are protected from retaliation. Employers cannot lawfully discipline, demote, or terminate an employee simply for asserting their rights under the LAD or ADA.

If adverse action closely follows a request for accommodation, timing may serve as evidence of unlawful retaliation.

Medical Leave and Disability Rights

Disability-related issues often intersect with leave laws such as the Family Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA). Employers must carefully coordinate accommodation obligations with statutory leave requirements.

Failing to consider extended leave as a potential accommodation may expose employers to liability under disability discrimination laws.

Damages Available in Disability Discrimination Cases

Employees who prevail in disability discrimination claims may recover:

• Back pay and lost wages
• Front pay for future earnings
• Lost benefits
• Emotional distress damages
• Attorneys’ fees and court costs

In certain cases, courts may also order reinstatement or require employers to implement policy changes to prevent future violations.

Focused Legal Advocacy Matters

Disability discrimination cases often involve complex medical and employment documentation. Employers may dispute whether an accommodation was reasonable or claim undue hardship. Thorough preparation and strategic legal analysis are essential to building a strong case.

Castronovo & McKinney, LLC approaches each matter with careful investigation and a commitment to protecting clients’ professional futures. Whether through negotiation or litigation, the firm works to secure meaningful results.

Contact Castronovo & McKinney, LLC

Castronovo & McKinney, LLC
71 Maple Ave
Morristown, NJ 07960
United States

Phone: 973-920-7888
Email: tom@cmlaw.com

Hours:
Monday – Friday: 9:00 AM – 6:00 PM
Saturday – Sunday: Closed

The firm proudly represents clients throughout New Jersey, including Bergen County, Essex County, Middlesex County, Morris County, and the cities of Hackensack, Newark, New Brunswick, and Morristown.