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Articles Posted in Disability Discrimination

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Legal Protections for Covid-19 Related Workplace Leaves

For the past year, employees have been undergoing medical screenings and answering questions about their personal health to gain access to their physical workplaces. Employers can lawfully request their health status or require them to take leave from work if they appear to have symptoms of COVID-19. Despite laws protecting…

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Airline Responsibility to Accommodate Passengers with Disabilities Beyond the Aisle

As domestic travel numbers rise and airports are once again filled with travelers, airlines continue to struggle to comply with accommodations for travelers with disabilities. Most recently, a viral social media video by Bri Scalesse, who is wheelchair-bound, shows her horror and distraught emotion when informed that Delta Airlines severely…

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Supreme Court: Showing of Adverse Employment Act Not Required For Failure-to-Accommodate Disability Claim

In a landmark decision, the New Jersey Supreme Court has held that employees who suffer from a disability do not need to show an adverse employment action in order to prevail on a failure to reasonably accommodate claim. The case is being considered by New Jersey employment lawyers as a…

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New Jersey Grapples with the Appropriate Use of Sheltered Workshops for Disabled Workers

Statistics show people with disabilities in the United States are twice as likely to be unemployed than those without a disability. The issue has been exacerbated during the coronavirus pandemic, which has caused joblessness to rise and an increase of workplace disability discrimination. But underlying the conversation about getting people with disabilities back to…

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New Jersey Expands Hate Crime Law

New Jersey Governor Phil Murphy signed legislation this month that makes it a crime to use 911 as a tool to intimidate another person based on his or her race. The bill, which has already taken effect, was introduced to the State Senate on June 29, 2020. It amends and…

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Teacher Requests for Leave Are Forcing Some Schools to All-Remote Learning

As schools scramble to figure out how best to reopen in a couple of weeks, with many opting for a fully remote start to the school year, teachers in some districts are faced with an all too familiar problem for working parents. How will they manage teaching in person and…

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New Jersey Appellate Court Affirms Medical Leave Reasonable Accommodation Verdict

Under the New Jersey Law Against Discrimination (LAD), an employee is entitled to reasonable accommodations at his or her workplace when he or she has a disability and the accommodation allows him or her to carry out basic job functions. But what if the employee requires medical leave to seek…

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Is it Unlawful to Terminate an Employee Because they have COVID-19?

For New Jersey employees, the short answer is yes.  On March 20, 2020, Governor Murphy signed into law new legislation that makes it unlawful for an employer to take adverse employment actions, including termination, against any employee for requesting or taking time off from work because the employee has or…

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Can I Collect Benefits Due to Corona Virus-Related Layoff or Business Closing?

Many businesses and schools have or will be closing due to the Corona-Virus.  While some New Jersey workers can still perform their job duties and responsibilities from home, others cannot and will be temporarily or permanently separated from their employment.  For those people who are separated from their employment for…

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Can I Collect Benefits If I Need Leave From Work Because of the Corona Virus?

It is unknown how many workers across New Jersey will fall ill with COVID-19 or be quarantined as a result of a Coronavirus exposure. Many school districts across New Jersey have already closed, with more anticipated to be closed imminently.  Many New Jersey working families will need to take FMLA…

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