Somerset County Disability Discrimination Lawyer
Your Trusted Disability Discrimination Lawyer in Somerset County
A physical or mental disability should never limit your right to work, grow, or succeed in your career. Unfortunately, many hardworking employees in Somerset County find themselves facing unexpected barriers when they develop a medical condition or request a simple accommodation. Instead of receiving support, they are met with skepticism, reduced hours, unfair disciplinary action, or even termination.
If you are being pushed out of your job because of a medical condition, you are likely feeling incredibly stressed about both your health and your financial stability. You do not have to fight this battle alone. Charles Z. Schalk is an experienced Somerset County employment law attorney who understands the profound impact disability discrimination can have on your life. The law requires employers to provide equal opportunities and reasonable support. We are here to ensure they do exactly that. contact us today for a confidential consultation. Call (908) 526-0707 to talk to a lawyer before taking further action.
What Constitutes a Protected Disability in New Jersey?
When people hear the word “disability,” they often picture visible, physical impairments. However, the legal definition of a disability under the New Jersey Law Against Discrimination (NJLAD ) is exceptionally broad—much broader than the federal Americans with Disabilities Act (ADA).
In New Jersey, you do not need to be visibly disabled to be protected. Protected conditions include, but are not limited to:
- Physical Conditions: Such as cancer, heart disease, diabetes, epilepsy, or mobility impairments.
- Mental Health Conditions: Including clinical depression, severe anxiety disorders, bipolar disorder, and PTSD.
- Chronic Illnesses: Such as autoimmune diseases, chronic fatigue syndrome, or long COVID.
- Temporary Impairments: Certain severe temporary conditions or injuries that significantly impact your ability to work may also qualify for protection and accommodation.
If you have a medical condition that affects your daily life or work, or even if your employer perceives you as having a disability and treats you poorly because of it, you are protected under the law.
The Failure to Provide Reasonable Accommodations
One of the most common forms of disability discrimination involves an employer’s refusal to provide a “reasonable accommodation.” By law, employers are required to engage in an interactive, good-faith process to help employees with disabilities perform their essential job duties.
An accommodation is considered “reasonable” if it does not create an undue hardship on the employer’s business operations. Common examples of reasonable accommodations include:
- Modifying work schedules to allow for medical treatments or therapy.
- Providing ergonomic office furniture or assistive technology.
- Allowing remote work or telecommuting options.
- Restructuring minor, non-essential job duties.
- Granting a temporary leave of absence for recovery or surgery.
If you requested an accommodation and your employer ignored you, delayed the process unnecessarily, or denied the request without a valid business reason, they may be in direct violation of the NJLAD.
Warning Signs of Disability Discrimination in the Workplace
Disability discrimination often begins subtly, particularly after an employee discloses a new diagnosis or returns from a medical leave. You should be highly suspicious if you experience any of the following warning signs:
- The “Paper Trail” Begins: Suddenly receiving negative performance reviews or write-ups for minor issues that were never a problem before you disclosed your condition.
- Isolation and Exclusion: Being removed from important projects, client accounts, or leadership tracks because management assumes you “can’t handle the stress” due to your health.
- Retaliation for Medical Leave: Being demoted, having your hours cut, or being terminated shortly after requesting or returning from FMLA (Family and Medical Leave Act) leave.
- Inappropriate Comments: Enduring insensitive remarks, jokes, or invasive questions from managers or coworkers regarding your health, medications, or doctor appointments.
Building a Strong Case for Disability Discrimination
Employers rarely admit that they fired someone because of a disability. They will usually cite performance issues, attendance problems, or corporate downsizing. Defeating these excuses requires meticulous documentation and strategic legal action.
As your Somerset County disability discrimination lawyer, Charles Z. Schalk will help you build a compelling case. We will work to prove that your employer knew about your condition, that your requests for accommodation were reasonable, and that the adverse actions taken against you were directly linked to your disability. We will gather emails, medical documentation, HR records, and witness testimonies to demonstrate that your employer’s stated reasons for their actions are merely a pretext for discrimination.
A successful claim can result in the recovery of lost wages, compensation for the emotional distress caused by the discrimination, the reimbursement of your legal fees, and in some cases, job reinstatement or policy changes within the company.
Frequently Asked Questions About Disability Discrimination
Do I have to disclose my exact medical diagnosis to my employer?
You are required to provide enough information to establish that you have a protected disability and need an accommodation, which usually involves a doctor’s note outlining your work restrictions. However, you do not necessarily have to disclose your entire medical history or the specific intimate details of your diagnosis, especially if it is a mental health condition.
What if my employer says my accommodation request is “too expensive”?
An employer can only deny an accommodation if it causes an “undue hardship.” The size, financial resources, and nature of the employer’s business are all factored into this calculation. A large pharmaceutical company in Bridgewater will have a much harder time claiming that a $500 ergonomic chair is an undue hardship compared to a small, three-person startup.
Can I be fired while I am out on approved medical leave?
Generally, no. If you are on approved leave under the FMLA or the New Jersey Family Leave Act (NJFLA), your job is protected. If your employer terminates you or eliminates your position while you are on leave, or immediately upon your return, it is a massive red flag for discrimination and retaliation.
Protect Your Rights and Your Livelihood in Somerset County
You should not have to choose between managing your health and keeping your job. If your employer is ignoring your needs or punishing you for a medical condition, legal action can help you recover your losses and enforce your rights.
Whether you work in Somerville, Hillsborough, Franklin Township, or anywhere else in Somerset County, our firm is here to advocate for you. Call us at (908) 526-0707 or connect with us online to arrange a fully confidential, no-obligation consultation with attorney Charles Z. Schalk. Let us put our experience to work for you.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”
