Comparing NJ and Federal Laws Against Disability Discrimination
The New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) share a common goal of ensuring equal opportunities for workers with disabilities. However, there are notable differences in their definitions of disability and the obligations they impose on employers.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. A disabled person is defined as someone who has a history or record of such an impairment or who is perceived by others as having such an impairment. This means the impairment significantly restricts major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself and working.
The New Jersey LAD defines disability more broadly. It does not require that a disability substantially limit a major life activity. It includes any physical, mental or psychological impairment that prevents the normal exercise of any bodily or mental function or that can be shown to exist through accepted clinical or laboratory diagnostic techniques. It also includes physical disfigurement and mental, psychological or developmental disorders.
Under both the ADA and the LAD, employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship to the business. This includes modifications or adjustments to the work environment or the manner or circumstances under which a job is customarily performed. Due to the LAD’s broader definition of disability, the range of conditions that might require accommodation is potentially wider.
If an employee suspects discrimination under the ADA, they may file a complaint with the Equal Employment Opportunity Commission. The EEOC will investigate the complaint and, if it finds merit, can issue a right-to-sue letter, allowing the employee to bring a federal court action. Remedies under the ADA can include back pay, reinstatement, compensatory damages and, in rare cases, punitive damages.
Under the LAD, employees may file a complaint with the New Jersey Division on Civil Rights (DCR) or directly in the New Jersey Superior Court. The remedies under the LAD can be extensive, including but not limited to reinstatement, back pay and compensation for pain and humiliation, and sometimes punitive damages. Unlike the ADA, the LAD also allows for the recovery of attorney’s fees.
Employees or job applicants in New Jersey who believe they have been discriminated against should consult with an employment discrimination attorney who is knowledgeable about both the federal and state statutes and who can pursue their rights on either path. An attorney can demand that employers make reasonable accommodations and can bring the appropriate legal action for failure to do so.
Kevin T. Kutyla, Esq. helps New Jerseyans with disabilities protect themselves against employment discrimination. Based in Succasunna, I represent workers in Sussex County, Morris County and all over the state. For a free initial consultation, call 973-940-8970 or contact me online.