Although the New Jersey Law Against Discrimination (NJLAD) and the Americans with Disabilities Act (ADA) protect workers from being wrongfully terminated because of a disability, it does not mean that it does not occur. Some employers may try to conceal the fact that they fired an individual for discrimination by pointing to other reasons for the termination, but that does not protect them from wrongdoing. If you believe you have been wrongfully terminated as a result of discrimination, you have a right to file a lawsuit.
First, it is important to define some clear characteristics of discrimination. For instance, under NJLAD, an employer cannot discriminate based on a physical disability, illness, disease, impediment, or impairment. Further, an individual cannot be treated differently because of a disability. This means they cannot refuse to hire or promote an individual, institute discrepancies in pay for disabled vs. able-bodied employees, or terminate an employee for a disability.
Additionally, an employer cannot treat a disabled worker disparately, nor can they fail to accommodate reasonable requests to be able to perform their job duties.
What Parameters Define Discrimination?
What exactly does this mean? Let us take a closer look at these terms:
- Disparate treatment refers to discrimination, harassment, or retaliation for an actual or perceived disability.
- Discrimination means taking action against or treating an employee differently from other employees.
- On the other hand, harassment involves offensive jokes or intimidation, where it becomes a matter of an employee tolerating the actions because the individual believes they will be fired if they do not. Harassment can be from management or even co-workers who are encouraged to partake in such behavior to the point that it becomes abusive, intimidating, or hostile.
- Meanwhile, retaliation is taking action against an employee for speaking out about violating their rights, reporting it to state or national watchdogs, or punishing an employee in some way for exercising their rights.
- There is yet another violation of the law when it comes to discrimination against a disability, and it involves failure to accommodate an individual. This means if an employee requests certain accommodations to be able to perform their job duties, an employer is obligated by law to try to find a remedy to the situation. Those who do not may face litigation for discrimination. There are exceptions, such as requests that would cause undue hardship or requests that prove to be insurmountable, but an employer must prove these grounds to be a sufficient defense.
What Types of Compensation Are Available?
If you believe your rights have been violated and a judge upholds your opinion, you are entitled to compensation. Possibilities include reinstatement to your job and the possibility of being paid lost wages, compensation for pain and suffering, and, in some cases, ‘punitive’ damages. These damages are meant to deter employers from acting in a certain way in the future and are meant to punish individuals from engaging in extreme behaviors that blatantly harm an employee.
What Is the Statute of Limitations to File a Discrimination Claim?
Depending on the agency that you file with, there are varying deadlines that you must meet, or you risk being denied compensation. For instance, the U.S. Equal Employment Opportunity Commission (EEOC) requires filing within 300 days of an act of discrimination, while the New Jersey Division on Civil Rights (DCR) requires filing within 180 days. For the LAD, the statute of limitations is within two years.
Find Out the Answers to Your Questions With Insight From a South Jersey Wrongful Termination Lawyer at The Law Offices of Leo B. Dubler, III, LLC
Knowing where to file a discrimination case and who to consult during the process can be difficult, but it does not have to be. Talk to a South Jersey wrongful termination lawyer at The Law Offices of Leo B. Dubler, III, LLC today. Call 856-235-7075 or submit our online form to schedule a free consultation. With office locations in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.