Disability Discrimination

Disability Discrimination

There are undoubtedly many employers who will not hold an employee’s disability against him or her, and there are certainly some who will take active steps to support a disabled employee’s effort to succeed in the workplace.   Unfortunately, there are many others who are influenced by unwarranted stereotypes about disabled employees – “they pose a danger to themselves or others;” “they will miss too much time from work;” “they won’t be productive;” etc., etc.

We have seen time and again where these stereotypes have led employers to illegally force disabled employees – even long term ones – out of the workforce and into the ranks of the unemployed.   In doing so, these employers are violating both the letter and spirit of the Americans with Disabilities Act and the New Jersey Law Against Discrimination.

Attorneys Richard Schall and Patricia Barasch have nearly 40 years combined experience representing employees in complex employment discrimination cases, including many cases involving disability discrimination and the right to reasonable accommodation.   Mr. Schall and Ms. Barasch successfully brought the case of Seiden v. Marina Associates,  the very first case in the State of New Jersey to clearly address the framework the courts should use to analyze reasonable accommodation cases.  We enjoy the challenge of tackling the most complex legal issues, taking on the biggest corporations in New Jersey, and standing up for the rights of our clients to be free from disability discrimination in the workplace.

If you believe you have been discriminated against in the workplace on the basis of your disability, please contact our firm by completing the on-line Questionnaire accessible on every page of our website.

For a further discussion of an employer’s obligation to “reasonably accommodate” an employee’s disability, please click this link:  “Reasonable Accommodation for Employees with Disabilities.”