Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is a federal law designed to protect people with disabilities from discrimination in employment and other areas of public life. The Act applies to all private employers, state and local governments, employment agencies, and labor unions with 15 or more employees. It applies to all employment matters, including job application procedures, hiring, firing, layoffs, compensation, and benefits. Rules are enforced by the Equal Employment Opportunity Commission (EEOC) and other local agencies that work with the Commission.

The ADA defines disability as any physical or mental impairment that significantly limits a major life activity or a person’s ability to perform basic tasks, such as walking, bending, reading, learning, or speaking. Impairments that affect bodily functions are also covered, such as chronic conditions of bowel, bladder, neurological, respiratory, endocrine, and immune system, including HIV/AIDS. The list of impairments is intended to be interpreted broadly in order to include various aspects of the disability spectrum, even extending to medical issues related to pregnancy.

New Jersey Law Against Discrimination

The New Jersey Law Against Discrimination (NJLAD) protects employees against discrimination in employment due to a real or perceived mental or physical disability. This state law provides additional protections for workers in New Jersey against disparate treatment by an employer due to a disability.

Who is Covered by the ADA

Many people are unsure whether they are covered under the ADA. It may be difficult to know if you have been a victim of employment discrimination unless you have a full understanding of your rights. An experienced Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA  employment lawyer can be an invaluable resource and advocate who will ensure your rights are protected. Individuals covered by the ADA include:

• Those who have a diagnosed disability. Covered employees include those who are unable to fully perform certain tasks of the job due to a significant physical or mental impairment. This can be proven with medical records that document the impairment.
• Previous impairment. A potential or current employer cannot discriminate against an employee who previously had a disability, whether or not that disability still affects their ability to work.
• The employer considers the employee to be disabled. Employers are prohibited from discriminating against a candidate due to a perceived disability, regardless of whether the employee has or does not have a disability. This includes false impressions of a previous disability or employees with a disability that has not been reported.

Equal Employment Opportunities

The ADA designed Title I (Employment) of the Act to ensure those living with a disability are still given an opportunity to maintain employment. This also extends to ensuring those with a disability are offered the same benefits and employment opportunities afforded to those without disabilities.

Under the Act, employers are expected to make reasonable accommodations for qualified applicants and current employees. Reasonable accommodations include modifications to either the functions of a job or to the environment in which employees work. The purpose is to help those with a disability have the tools to succeed in a position for which they are qualified. Employers are also expected to provide a safe environment for all employees, including minimizing risks to health or safety.

Undue Hardship

While employers are expected to provide reasonable accommodations, they are not expected to provide accommodations that could create an undue hardship. For the purposes of the ADA, accommodations could be considered an undue hardship if they create significant difficulty for a business, either logistically or financially. Factors to consider include:

• Type of accommodation.
• Cost of accommodation.
• Financial ability of the company to provide the accommodation.
• Size and structure of the company.
• Costs already allotted to accommodations for the work environment.

If an accommodation would substantially affect the finances of a company or the ability to perform its normal functions, it would likely qualify as an undue hardship. Smaller companies often have a better case than larger companies to establish an undue hardship due to their size and financial limitations.

ADA Compliance in the Workplace

ADA compliance in the workplace involves providing reasonable accommodations to employees with disabilities, ensuring barrier-free access to work facilities and resources, and treating all employees equally. Employers must also engage in the process to determine appropriate accommodations and are prohibited from discriminating based on disability in all aspects of employment.

What are the Rights of Employees Under the ADA?

Employees under the ADA have the right to reasonable accommodations for their disabilities, provided these accommodations do not cause undue hardship to the employer. They are also entitled to privacy regarding their medical condition and the right to be free from discrimination based on disability in hiring, promotion, job assignment, and other employment practices.

What are Employer Responsibilities Under the ADA?

Employers are responsible for providing a discrimination-free workplace and making reasonable accommodations for employees with disabilities. This includes modifications to the work environment, adjustments in work policies, or provision of auxiliary aids. Employers must also engage in a good faith interactive process to identify suitable accommodations and cannot retaliate against employees for exercising their rights under the ADA.

Our Employment Discrimination Attorneys Can Help You

Employment or workplace discrimination, especially for those with a disability, is a serious problem for both employers and employees that can damage workplace morale, diminish the dignity and livelihood of employees, and result in costly lawsuits. Whether you are an employer defending against a discrimination claim or an employee who has been subjected to discrimination, our employment discrimination attorneys in Red Bank, Marlton, Newark, New York, and Philadelphia can take action. We will provide you with a clear and candid evaluation of any potential employment discrimination claims, as well as all legal options and recourse available to you. Contact us today for a free consultation.