What Is a Disability-Related Medical Exam?

Blood tests or drug screenings (in some contexts)

Functional capacity evaluations (used to assess work restrictions)

Requests for a doctor's note detailing diagnosis or treatment plan

1. The Americans with Disabilities Act (ADA)

Pre-employment: Employers can’t require a medical exam before making a conditional job offer.

Post-offer, pre-employment: Exams are allowed only if required of all candidates for the same position.

During employment: Medical exams are only permitted if they are job-related and consistent with business necessity.

2. The New Jersey Law Against Discrimination (NJLAD)

When Can an Employer Require a Medical Exam?

The exam is required of all applicants in the same job category.

The exam is used to determine fitness for the job, not to screen out people with disabilities arbitrarily.

Reasonably tailored to evaluate the concern

An employee shows signs of struggling to perform job tasks safely.

An employee requests accommodation, and the employer needs documentation to support it.

A return-to-work evaluation is needed after extended medical leave.

Demand detailed medical records without cause

Require exams as a form of harassment or punishment

Use the results of an exam to justify unpaid leave, demotion, or termination: especially <a href="/blog/disability-discrimination-during-layoffs">during layoffs, where disability discrimination may be at play</a>

Medical Exams and Reasonable Accommodations

Be limited to information relevant to the accommodation

Not pry into unrelated conditions or treatment

Be kept confidential and stored separately from personnel files

Your Medical Information Must Be Kept Confidential

Be stored separately from personnel records

Be accessible only to HR or supervisors on a need-to-know basis

Not be shared with coworkers, clients, or other staff

Legal Options if Your Rights Are Violated

File a Complaint: You can file a charge with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> or the <a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a>.

Speak with an Attorney: Legal guidance is essential when navigating claims involving disability rights and medical privacy.

File a Lawsuit: You may be entitled to damages for:

Seek Internal Resolution: In some cases, going through HR can help resolve the issue before escalating to litigation.

Contact Us for Legal Advice and a Free Consultation

What NJ Employees Should Know About Disability-Related Medical Exams

Why Whistleblower Protections Matter in Government Contracting

Common Whistleblower Issues in Government Contracting

New Jersey’s Conscientious Employee Protection Act (CEPA)

Discloses or threatens to disclose to a supervisor or public body an activity, policy, or practice they reasonably believe is illegal, fraudulent, or against public policy.

Provides information to a public body conducting an investigation or inquiry into such activity.

Objects to or refuses to participate in an activity, policy, or practice that is:

Examples of Protected Whistleblower Activity in Government Contracting

Reporting a supervisor who instructs staff to falsify billing records on a state-funded construction project.

Refusing to approve faulty or non-compliant materials in a public infrastructure job.

Alerting an agency like the <a href="https://www.nj.gov/labor/">New Jersey Department of Labor</a> to workplace safety violations on a public site.

Whistleblowing in healthcare may include reporting unsafe patient care, falsified medical records, Medicare or Medicaid fraud, or retaliation against staff who raise patient safety concerns.

Participating in a state audit and providing truthful information about financial misconduct.

Being fired or laid off without valid cause

Reduction in responsibilities or <a href="/blog/can-you-be-demoted-for-reporting-illegal-activity-at-work">demotion after reporting illegal activity</a>

Reassignment to undesirable tasks or locations

Loss of access to training, promotions, or overtime

Exclusion from meetings, emails, or decision-making

Hostile treatment from supervisors or coworkers

Damaging performance reviews after protected activity

Timelines of when you reported vs. when retaliation began

Additional Protections for Federal Contractors

<a href="https://www.justice.gov/civil/false-claims-act">False Claims Act (FCA)</a>: Protects those who report fraudulent billing to the federal government.

<a href="https://www.congress.gov/bill/112th-congress/senate-bill/743">Whistleblower Protection Enhancement Act (WPEA)</a>: Applies to federal employees, including some contractors.

<a href="https://www.acquisition.gov/far/subpart-3.9">Defense Contractor Whistleblower Protections</a>: Specific laws apply if you’re working with the Department of Defense or military-related contracts.

What If Your CEPA Claim Doesn’t Succeed?

NJ <a href="https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf">Law Against Discrimination (NJLAD)</a>, if discrimination is part of the picture

Wrongful termination in violation of public policy

NJ Whistleblower Protections in Government Contracting: What You Need to Know

You’re subjected to harassment or offensive behavior,

And it’s based on a legally protected category — such as race, gender, age, religion, disability, sexual orientation, or another characteristic.

Racial slurs, offensive jokes, or degrading stereotypes

Sexual comments, inappropriate texts, or unwanted advances

Ongoing bullying based on your gender, religion, race, or other protected trait

<a href="/blog/when-your-coworker-s-political-talk-crosses-the-line-in-nj">Coworker’s political talk that becomes hostile</a>, targeted, or makes the workplace feel unsafe

Managers who ignore, dismiss, or even encourage offensive behavior

Being fired shortly after filing a complaint

Suddenly receiving poor performance reviews

Being excluded from meetings or important communications

Facing increased scrutiny or micromanagement

Getting transferred to a less desirable shift or location

Legal Protections for NJ Workers Against Retaliation

1. New Jersey Law Against Discrimination (NJLAD)

Participate in an internal or external investigation

Refuse to participate in discriminatory behavior

2. Conscientious Employee Protection Act (CEPA)

Disclose or threaten to disclose violations of law

Object to or refuse to participate in activities they reasonably believe to be illegal or against public policy

Emails or texts showing management's reaction to your complaint

Timing of negative actions following your report

Performance reviews that were positive before you spoke up

Steps to Take if You’re Facing Retaliation

Retaliation vs. "Legitimate Business Action"

Realistic Challenges in Retaliation Cases

Employers rarely admit to retaliation outright.

Proof may rely on circumstantial evidence.

Co-workers may be afraid to support your case.

Companies may try to bury evidence or shift blame.

Retaliation After Reporting a Hostile Work Environment: NJ Employees' Options

A settlement agreement after a legal complaint

An employment contract at the time of hire

Allegations of workplace harassment or misconduct

What This Means for Sexual Harassment Cases

You can’t be forced into silence about sexual harassment at work.

Any agreement that tries to silence you may not be enforceable.

You still have the right to speak publicly, tell your story, or report the behavior.

What’s Still Allowed in Confidentiality Agreements?

Protecting trade secrets or company strategies

Keeping settlement amounts confidential (but not the harassment itself)

Preventing the employee from making false or defamatory statements

Restricting disclosure of personal information of other employees

Common Situations in Severance or Settlement Agreements

1. You're Offered Severance After Reporting Harassment

2. You're Asked to Sign a Settlement with a Non-Disclosure Clause

Fire or demote you for reporting harassment

Cut off severance because you refused a gag order

Threaten you for speaking publicly about your experience

Deny you benefits because you rejected a confidentiality clause

Tips for Employees Negotiating Severance or Settlements

Bars you from “discussing employment issues”

Prohibits “disparagement” even when truthful

Claims to apply to “all future claims”

Ensure you're not giving up protections without knowing it

Sexual Harassment and Confidentiality Agreements: What's Legal in NJ?

The right to sue for discrimination or wrongful termination

The right to file complaints with state or federal agencies

The right to discuss the terms of the severance (confidentiality or non-disparagement clauses)

Common Unfair Severance Negotiation Tactics in NJ

1. Rushing You to Sign Without Time to Review

You don’t have to sign a severance agreement.

Refusing to sign doesn’t automatically disqualify you from collecting unemployment benefits in New Jersey.

Threatening a poor reference for not signing could be seen as retaliation.

Non-compete or non-solicitation restrictions

Confidentiality clauses that go far beyond severance terms

4. Including Unlawful or Overreaching Clauses

Waivers of rights you can’t legally give up

Non-disparagement clauses that chill protected speech

Broad confidentiality agreements that silence harassment or discrimination claims

5. Tying Severance to a Release of Claims

Discrimination (race, gender, disability, pregnancy, etc.)

Retaliation (whistleblowing or reporting harassment)

Legal Protections in New Jersey for Employees

The right to report illegal discrimination or harassment

The right to file a complaint with the <a href="https://www.eeoc.gov/">EEOC</a> or <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">NJ Division on Civil Rights</a>

The right to participate in a government investigation

What You Should Do Before Signing a Severance Agreement

Break down what each clause actually means

Negotiate for better terms (more pay, extended <a href="https://www.dol.gov/general/topic/health-plans/cobra">COBRA</a>, positive references, etc.)

Determine whether your termination may violate NJ or federal law

Any right to discuss your experiences with coworkers?

Your ability to take a new job in the same field?

4. Compare Severance to What You’re Owed

Have I been paid for all unused vacation time?

Severance amount (weeks of pay, lump sum, etc.)

Health benefits extension or COBRA contributions

Job references or letters of recommendation

Non-compete or non-solicit clauses being narrowed or removed

Don’t Sign Away Your Rights Without a Clear Understanding

Unfair Severance Negotiation Tactics NJ Employers May Use

The value of lost benefits (like paid leave or health coverage)

Reimbursement for out-of-pocket business expenses the worker had to cover

A first offense can trigger a $250 fine per misclassified employee

Subsequent offenses may carry up to $1,000 per employee

Pay back payroll taxes (including Social Security and Medicare)

Pay penalties and interest on unpaid taxes

Make up missed unemployment insurance contributions

Common Industries Where Misclassification Happens

You’re injured on the job but not covered by workers’ comp.

You’re let go suddenly and can’t get unemployment benefits.

You work 60 hours a week but don’t qualify for overtime.

You pay both the employer and employee portion of taxes as a 1099 contractor.

You’re excluded from company benefits or health insurance.

You’re denied basic protections under NJ anti-discrimination or retaliation laws.

How to Know if You’ve Been Misclassified

Your work is closely supervised or directed.

You don’t set your own schedule or control how the work is done.

You use the employer’s tools, equipment, or software.

You work full-time for one company and don’t have other clients.

The job is part of the company’s core business operations.

You were told to sign a 1099 agreement but do the same work as W-2 employees.

What Employees Can Do If They Suspect Misclassification

Contracts or agreements describing your work

Schedules, assignments, and communication records

Any evidence of company control over your hours, tasks, or methods

Did the employer control how and when I worked?

Was I doing the same type of work as employees?

Did I have other clients, or was I economically dependent on this one company?

Avoid tax issues linked to your 1099 status

Explore class action opportunities with other workers

NJ Employer Penalties for Misclassifying Workers as Independent Contractors

Equal Pay Laws in New Jersey: A Quick Overview

Employees cannot be paid less for substantially similar work because of their gender, race, national origin, or other protected characteristic.

Employers must pay equally for substantially similar work — even if job titles differ.

Unequal pay is only permitted if the employer can show the difference is based on a legitimate factor such as seniority, merit, or a bona fide system measuring quantity or quality of production.

1. Inflated Titles Without Real Distinctions

3. Overstated Experience or Education Requirements

Skill: The experience, training, education, and ability required to perform the job.

Effort: The physical or mental exertion needed for the job.

Responsibility: The degree of accountability or decision-making involved.

Working conditions: The physical environment or hazards of the job.

Employee A is a woman listed as a “Marketing Associate.” She creates campaigns, meets with clients, tracks budgets, and reports performance.

Employee B is a man listed as a “Marketing Strategist.” He performs the same tasks, sometimes on the same accounts — but earns $10,000 more annually.

What You Can Do if You Suspect Unequal Pay

Emails or memos that show your responsibilities

Job postings for your position or similar ones

Pay stubs if you have access to salary information

Descriptions of coworkers’ duties and compensation (as best as you can legally obtain)

Job Descriptions Aren’t Always What They Seem

Employment Law Insights & Resources

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Unfair Severance Negotiation Tactics NJ Employers May Use

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