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Americans with Disabilities Act

The Americans with Disabilities Act of 1990 (ADA), prohibits employers from discriminating against qualified individuals with disabilities in the workplace. The Act states that an individual with a disability is one who:

  • Has a physical or mental impairment that limits one or more major life activities
  • Has a record of such an impairment or is regarded as having such an impairment

A “qualified” individual is a person who can perform the functions of the job in question—with or without reasonable accommodation. Reasonable accommodation includes:

  • Making existing facilities accessible for persons with disabilities
  • Job restructuring, changing work schedules, reassignment
  • Modifying or procuring equipment or devices, or providing qualified readers or interpreters

As long as it won’t cause undue hardship on the business, an employer must make reasonable accommodations to the disability of an applicant or employee. Here are some examples:

  • Providing a sign language interpreter for a deaf applicant during a job interview
  • An employee with diabetes may need regular breaks during the workday to monitor blood sugar and insulin levels
  • A blind employee may need a text-to-voice application

It’s important to remember that many people mistake illegal employment discrimination for unequal treatment, which is not illegal. Unequal treatment in the workplace might include personality conflicts, favoritism, or just plain unfairness—but it’s not against the law. The law provides protection against discrimination due to a particular characteristic, like a disability.

If you’ve suffered discrimination at work due to a disability, contact our law offices today for a consultation. We protect the rights and interests of all employees, and have 50 years combined experience doing so.

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

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Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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