New Jersey Disability Discrimination Lawyers
Americans With Disability Act (ADA)
In the United States, there are a variety of national and state laws which aim to level the playing field in every American workplace. Unfortunately, shady employers try to skirt these laws, choosing instead to discriminate against people with physical or mental disabilities. Disabled persons are covered by a federal law known as the Americans With Disabilities Act (ADA). If you have been treated unfairly at work because of a disability, a New Jersey lawyer may be able to help. You might be able to collect monetary compensation for your ordeal.
For decades, the attorneys at the New Jersey law firm of Aiello, Harris, Marth, Tunnero & Schiffman, P.C. have been helping level the playing field for NJ workers. We assist disabled individuals with getting the working accommodations and compensation they need and deserve.
NJ Employer’s Responsibilities Under The ADA
Title I and Title V of the Americans With Disability Act of 1990 is a federal law which protects disabled persons in the workplace. Under this law, employers are expressly forbidden from discriminating against qualified individuals with a disability. Additionally, your employer must provide reasonable accommodations for your disability, as long as it doesn’t interfere with their operations.
Here are some quick facts to help you learn more about the ADA:
When does the ADA protect me?
The ADA is in effect during the job application process, hiring process, employment duration, termination, when considering a promotion, pay increase, or any other aspect of employment.
Which employers does the ADA cover?
To be covered, your company must employ 15 or more workers. The ADA covers private sector employers.
What is a disability?
An individual is considered to have a “disability” if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
Such qualified conditions may include a variety of illnesses, injuries and psychological impairments. Examples include cancer, traumatic brain injuries, HIV, depression, narcolepsy, back impairments, diabetes, anemia, dyslexia and more.
What is a qualified person?
The ADA protects “qualified” individuals with disabilities from discrimination. A “qualified” person means the individual can perform the essential functions of the job, regardless of his or her disability. A qualified person generally means the individual has the education, training and background needed to perform the job functions.
What are reasonable accommodations?
If you are disabled, your employer must provide reasonable accommodations for your disability. These are special adjustments or modifications to the job or work environment which do not disrupt the employer’s operations.
Enforcement of the Americans with Disabilities Act in New Jersey
The Department of Labor (DOL) Office of Disability Employment Policy sets forth standards and information regarding the ADA. However, the DOL does not enforce the ADA.
If you believe you have been discriminated against at work due to your disability, you can file a complaint with Equal Employment Opportunity Commission (EEOC). As a general rule, you have 180 days from the date of the discriminatory act to file a charge with the EEOC. Please let one of our NJ attorneys help you pursue a charge, as navigating the EEOC is tricky.
Contact our New Jersey disability discrimination lawyers today
All working persons in New Jersey deserve a fair chance. Call the NJ employment law firm of Aiello, Harris, Marth, Tunnero & Schiffman at (908) 561-5577 or contact us online to learn more about your rights. We offer free initial consultations.