Posts Categorized: Disability Discrimination

Can My New Jersey Employer Force Me To Take A Drug Test? What About a Psychiatric Exam?

When The Testing Occurs Matters Very generally speaking, laws such as the federal Americans With Disabilities Act prohibit employers from requiring individuals to submit to medical testing before they are hired, and even before an offer of employment has been made. This means that employees are protected from testing in the early stages of job… Read more »

Under Certain Circumstances, Employer Not Required to Maintain Disabled Employee’s Compensation or Job Status at Pre-Disability Level

  So ruled the court in Jones v. Aluminum Shapes, Inc., __ N.J. Super. __, 2001 WL 406175 (App. Div. 2001). This decision clarifies the “reasonable accommodation” requirement of the New Jersey Law Against Discrimination (“NJLAD”) and the Americans With Disabilities Act (“ADA”). Background Facts The plaintiff in the case, James Jones, was a long-standing… Read more »

I’ve Almost Used Up My 12 Weeks of FMLA Leave. If I Ask My Employer For More Leave, Do I Risk Getting Fired

Illness happens to nearly all of us – or to our spouses, children, or parents – over the course of our working lives. Further, some conditions like cancer, heart disease and depression are recurring and necessitate a series of temporary medical leaves. Fortunately, the federal Family and Medical Leave Act (the “FMLA”) requires businesses that… Read more »

NJ Disability Discrimination Based Upon Mental Conditions Such as Depression and Anxiety

Mental illness strikes many people at some point in their working lives. According to the National Institute for Mental Health, some 6.7 percent of adult Americans suffer a major depressive episode within a given year, while a staggering 18 percent suffer from an anxiety disorder within a given year. These conditions, if severe enough, may… Read more »