When it comes to protecting the rights of deaf and hard-of-hearing (DHH) individuals, New Jersey and New York aren’t just talking the talk—they’re leading the pack. These states have taken anti-discrimination laws to the next level, surpassing most other states and even federal regulations in their scope and impact.
If you think all anti-discrimination laws are created equal, let’s set the record straight: New Jersey’s Law Against Discrimination (LAD) and New York’s Human Rights Law are as comprehensive as it gets.
Why New Jersey’s Law Against Discrimination Is a Game-Changer for DHH Individuals
New Jersey’s Law Against Discrimination (LAD) isn't just a piece of legislation; it’s a declaration that no one—absolutely no one—should face discrimination based on their disability. What sets the LAD apart is its extensive reach: it applies to all companies, even those with a single employee. That’s right, whether you’re a small business owner with a one-person operation or a CEO of a massive corporation, the LAD holds you accountable for creating an inclusive environment.
So, why does this matter for the DHH community? Because New Jersey goes above and beyond in protecting the rights of individuals who are deaf or hard of hearing. Here’s how:
1. Unmatched Employment Protections:
- New Jersey's LAD makes it explicitly illegal to discriminate against someone based on their disability, which includes any form of hearing loss.
- Employers are required to provide reasonable accommodations that might include things like sign language interpreters or captioning software. Simply put, a “take it or leave it” attitude won’t fly in the Garden State.
2. Broad Public Accommodation:
- Unlike many states that focus solely on employment, New Jersey’s LAD extends its anti-discrimination provisions to public accommodations—places open to the public like restaurants, schools, medical offices, and government buildings.
- For the DHH community, this means businesses and public institutions must be proactive in making their services accessible. Whether that’s installing visual alert systems, providing interpreters, or offering real-time captioning, the expectation is clear: accessibility isn’t optional.
3. Enforcement with Teeth:
- The LAD doesn’t just protect against overt discrimination; it also targets more subtle forms like disparate impact, where a seemingly neutral policy ends up disproportionately affecting DHH individuals.
- New Jersey’s recent updates to the LAD include even tighter standards for disparate impact cases, making it harder for businesses to justify policies that indirectly discriminate against DHH individuals without solid, data-backed reasons.
New York’s Human Rights Law: A Beacon of Hope for DHH Individuals
New York’s Human Rights Law is no slouch either. Like New Jersey, New York has doubled down on protecting DHH individuals in ways that many other states and even federal laws simply don’t. Here’s where New York shines:
1. **The Small Business Advantage:**
- Unlike federal laws like the Americans with Disabilities Act (ADA) that only apply to employers with 15 or more employees, New York’s Human Rights Law applies to all employers, even if they have just one worker.
- This broad application means that the DHH community in New York can count on these protections no matter where they work, from the largest corporations to the smallest startups.
2. Beyond the Bare Minimum in Accessibility:
- Public accommodations in New York are held to a higher standard when it comes to making their services accessible for DHH individuals. This includes requirements for ASL interpreters, captioning, and visual aids to ensure effective communication.
- It’s not just about ticking boxes—it’s about genuine inclusion. New York expects businesses to make a real effort to meet the needs of the DHH community, and failure to do so could result in serious legal repercussions.
3. Filing Complaints Is Empowered:
- DHH individuals facing discrimination have clear pathways to file complaints, and the state’s response is typically swift and thorough.
- The protections against retaliation are robust as well. Whether you’re reporting workplace discrimination or a lack of accessibility at your favorite restaurant, you’re shielded from any form of backlash.
Setting the Bar Higher than Federal Laws
Now, you might be wondering how these state laws stack up against federal regulations like the ADA. The truth is, while the ADA is a crucial piece of legislation, it doesn’t go nearly as far as New Jersey’s LAD or New York’s Human Rights Law in protecting DHH individuals. Here’s why:
1. Broader Application:
- The ADA only applies to companies with 15 or more employees, which means smaller businesses often slip through the cracks. New Jersey and New York don’t play that game—their laws apply to every employer, no matter the size.
- This makes a massive difference for DHH individuals, ensuring that even the smallest workplaces must step up to create an inclusive environment.
2. Disparate Impact and Proactive Measures:
- Federal laws often focus more on intentional discrimination, while New Jersey and New York have cracked down on policies that unintentionally harm DHH individuals.
- For example, practices like automated screening tools that might exclude non-verbal candidates are under much tighter scrutiny in these states, which means companies have to think twice before implementing tech that isn’t inclusive.
3. Remote Workers Get the Same Protections:
- Thanks to New Jersey’s LAD, even if you’re working remotely from another state, as long as your employer is based in New Jersey, you’re covered. This is a level of protection that most federal laws and other states haven’t caught up to yet.
- In a world where remote work is becoming the norm, this kind of foresight is essential for ensuring DHH individuals aren’t left behind.
Why New Jersey and New York Lead the Nation in Accessibility
At the end of the day, New Jersey and New York have made it clear that they’re not interested in merely keeping up with the federal baseline—they’re here to set a new standard. For the DHH community, these laws don’t just protect their rights; they actively work to dismantle the systemic barriers that have held them back for too long.
Whether it’s holding small businesses accountable, ensuring public spaces are truly accessible, or adapting to the needs of remote workers, these states have shown a commitment to real, tangible inclusion. And while other states may be dragging their feet, New Jersey and New York are sprinting ahead, pushing for a world where discrimination against the deaf and hard-of-hearing is not just illegal but unthinkable.
New Jersey and New York aren’t just following the anti-discrimination playbook—they’re rewriting it. While federal laws like the ADA laid the groundwork, these states are building the skyscraper, ensuring that DHH individuals receive the highest level of protection available. For the deaf and hard-of-hearing community, this isn’t just a win; it’s a game-changer. It’s time the rest of the country catches up to these trailblazers and starts creating environments where accessibility and inclusivity are the norm, not the exception.
