If you are disabled, you are entitled to certain rights and accessibility to public places. Sometimes, businesses and patrons do not understand the intricacies of the Americans with Disabilities Act (ADA), and that is where an experienced legal team can help clear things up. Marlton employment lawyers have answered some of the most commonly asked questions about the ADA standards.
What businesses must comply with the ADA?
The Americans with Disabilities Act applies to all private employers with more than 15 employees, and all public employers regardless of the size. This means that these affected employers cannot discriminate against qualified individuals with disabilities.
What employment practices does the ADA cover?
All affected employers are prohibited from discriminating in hiring, firing, and job placement and training. This also means that wages and benefits must not be determined based on an employee’s disability.
Who is protected by the ADA?
Any qualified individual who can perform the essential function of the job, with or without reasonable accommodation, is protected against discrimination under the ADA.
How is an “essential function” defined?
A job’s core duties are defined as the “essential function,” meaning the reason the job exists. This is an important definition, because as long as the individual can perform these duties, they cannot be considered unqualified due to inability to perform incidental or unnecessary job functions.
How is a “reasonable accommodation” defined?
Any modification to a job that allows a disabled employee the ability to complete the essential function is considered a reasonable accommodation. Modified work schedules, within reason, are frequent reasonable accommodations. For example, if an employee with a disability requires pre-planned hours off for a doctor’s appointment, a modified schedule is reasonable to ensure the individual has access to that health care. Another common accommodation would be to allow a disabled employee a chair and the ability to sit when able-bodied employees are expected to stand.
The Marlton Employment Lawyers at McOmber McOmber & Luber, P.C. Represent Victims of Discrimination in New Jersey
The Marlton employment lawyers at McOmber McOmber & Luber, P.C. are ready to fight on your side against discrimination in New Jersey. They will fight for the compensation and rights to which you are entitled. Contact us online or call our offices today. We have conveniently located offices in Red Bank, New Jersey that can be reached at 732-842-6500 and Marlton, New Jersey, that can be reached at 856-985-9800.