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.
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 his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…
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), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
