What is Disability Discrimination Who is Protected Your Rights Do You Have a Case How to Prove Legal Process Track Record FAQs Ready to find out
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What Is Disability Discrimination Under New Jersey Law?

Disability discrimination occurs when an employer takes an adverse employment action against an employee because of an actual or perceived disability. It is illegal under both the federal Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD), and it affects every aspect of employment — hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

The ADA and NJLAD define disability similarly but not identically, and the difference matters. Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. The NJLAD is broader: it defines disability as a condition that prevents the typical exercise of any bodily or mental functions, or is demonstrable by accepted clinical or laboratory diagnostic techniques — without requiring proof that a major life activity is substantially limited. This means more employees in New Jersey can claim protection under state law than under federal law.

Both laws protect employees not just against outright termination or demotion, but also against an employer's failure to provide reasonable accommodation. If an employee can perform the essential functions of their job with or without accommodation, the employer is generally required to provide that accommodation unless doing so would impose an undue hardship.

Americans with Disabilities Act (ADA)

Prohibits disability discrimination by employers with 15 or more employees. Defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

New Jersey Law Against Discrimination (NJLAD)

Prohibits disability discrimination by all New Jersey employers regardless of size. Provides broader protection than the ADA — the NJLAD's definition of disability does not require proof that a major life activity is substantially limited, covering more conditions and more employees.

Who Is Protected Under This Law?

The ADA and NJLAD protect employees with actual disabilities, a record of a disability, or who are perceived by their employer as having a disability — even if they do not. Protection extends to both physical and mental impairments, including conditions like depression, anxiety, and substance use disorders resulting from legal drugs. The NJLAD's broader definition means that conditions which might not qualify under the ADA may still be protected under state law.

If you are a member of this protected class — or your employer perceived you to be — and you experienced adverse treatment, you may have a claim.

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Your Rights — And What Your Employer Is Required to Do

Under New Jersey law, your employer is not just prohibited from certain conduct — in some situations they are required to take specific affirmative steps.

Right 01
You are entitled to reasonable accommodation

If you can perform the essential functions of your job with or without accommodation, your employer is generally required to provide one — whether that means modified duties, a schedule change, additional leave, or another adjustment — unless doing so would impose an undue hardship.

Right 02
Your employer must engage in the interactive process

When you request an accommodation, your employer cannot simply refuse. The law requires a good-faith dialogue between employer and employee to identify effective options, and an employer who skips that process entirely may be in violation of the law.

Right 03
You are protected against discrimination based on perceived disability

Even if your employer is mistaken about your condition, taking adverse action because of a perceived disability is illegal under both the ADA and the NJLAD.

Signs You May Have a Disability Discrimination Claim

Scenario 01

You were fired shortly after disclosing a disability or requesting an accommodation

Scenario 02

You requested a reasonable accommodation and your employer refused without engaging in any discussion about alternatives

Scenario 03

You were passed over for a promotion or excluded from opportunities because of a physical or mental condition

Scenario 04

You were disciplined or held to different standards than colleagues without a disability

Scenario 05

You were told your condition made you a liability or that you were no longer able to do your job, without any individualized assessment

Scenario 06

You were denied leave or other benefits that would have allowed you to manage your condition and continue working

If any of these sound familiar, you may have a legal claim, even if you're not certain it qualifies. That is exactly what a case evaluation is for.
Request a Case Evaluation

What You Need to Prove in a Disability Discrimination Case

To bring a successful disability discrimination claim, you generally need to establish the following, but you do not need to have all of this figured out before you call.

report

You have a qualifying disability

You have a physical or mental impairment covered by the ADA or NJLAD, a record of such an impairment, or your employer regarded you as having one. Under the NJLAD's broader definition, this covers a wider range of conditions than federal law alone.

report

You were qualified for your position

You could perform the essential functions of your job with or without reasonable accommodation at the time of the adverse action.

report

You suffered an adverse employment action

Your employer took a materially negative action against you — termination, demotion, failure to promote, denial of accommodation, or a change in the terms or conditions of your employment.

report

Your disability was a motivating factor

The adverse action was taken, at least in part, because of your disability or perceived disability. This is often shown through timing, the employer's stated reasons not holding up under scrutiny, or comparisons to how employees without disabilities were treated in similar situations.

How Disability Discrimination Cases Work in New Jersey

Navigating a disability accommodation dispute or a discriminatory termination while managing a health condition is a significant burden. Here is what the process looks like from the first conversation forward.

1
Case Evaluation

An attorney reviews the facts of your situation and tells you whether you have a viable disability discrimination claim, what it might be worth, and what your options are.

No commitment required
2
Investigation

The client provides all of their evidence — medical documentation, accommodation requests and employer responses, performance records, communications around the time of the adverse action, and comparisons to how employees without disabilities were treated.

3
Filing

Disability discrimination claims may be filed in state or federal court or with the Equal Employment Opportunity Commission (EEOC).

4
Negotiation or Trial

Mark & Kleinfeldt negotiates from a position of strength, prepared and willing to go to trial when the situation calls for it. That posture changes what employers offer at the negotiating table.

5
Resolution

Successful disability discrimination claims can result in back pay and lost wages, compensatory damages for emotional distress, reinstatement, attorney's fees and costs, and in cases of intentional discrimination, punitive damages.

Results We've Secured in Disability Discrimination Cases

The firm has recovered significant results for New Jersey employees who were terminated or denied accommodation because of a disability.
View More Case Results

$466K

Disability Discrimination

A New Jersey employee terminated following a request for reasonable accommodation.

View More Case Results

Related Claims to Consider

Disability discrimination often overlaps with other employment claims. If any of the following also describe your situation, you may have more than one claim worth pursuing.

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Retaliation

If you requested an accommodation or complained about disability discrimination and your employer punished you for it, you may have a retaliation claim under the NJLAD in addition to your disability discrimination claim.

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Wrongful Termination

If disability discrimination led to your termination, your disability discrimination claim and a wrongful termination claim may run together.

Learn More

Frequently Asked Questions

More FAQs

Not necessarily, particularly under the NJLAD. The NJLAD's definition of disability is broader than the ADA's — it does not require proof that a major life activity is substantially limited. A condition that is demonstrable by accepted clinical or laboratory diagnostic techniques may qualify, even if it does not significantly restrict daily activities. An attorney can help you evaluate whether your specific condition is covered.

Not necessarily the specific accommodation you request, but your employer is required to engage in a good-faith interactive process to identify an effective accommodation. If the accommodation you asked for is unreasonable, your employer should work with you to identify an alternative. An employer who refuses to participate in that process at all may be in violation of the law.

Yes. Both the ADA and the NJLAD protect employees with mental health conditions, including depression, anxiety, PTSD, and others. Under the NJLAD, an employer is obligated to reasonably accommodate a person's mental illness unless doing so would cause undue hardship. A mentally ill employee who can perform the essential functions of their job with accommodation and is still fired may have a strong disability discrimination claim.

Employers rarely admit that disability was the reason for an adverse decision. Cases are built on the timing of the decision relative to a disability disclosure or accommodation request, comparisons to how similarly situated employees without disabilities were treated, and whether the employer's stated reason holds up under scrutiny.

Disability discrimination claims are time-sensitive. The deadline depends on which law you pursue and where you file. NJLAD claims brought in Superior Court are generally subject to a two-year statute of limitations from the last act of discrimination.

Ready to Find Out If You Have a Disability Discrimination Case?

You've learned what disability discrimination covers in New Jersey and what you would need to show. The next step is a conversation with a Certified Civil Trial Attorney who can tell you specifically whether what happened to you is legally actionable.