Understanding What Qualifies as a Disability Under the ADA in Fair Lawn, NJ
An individual with a disability under the Americans with Disabilities Act (or ADA) is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is perceived to have an impairment that limits one or more major life activities.
Under disability discrimination laws, major life activities can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major bodily functions such as immune system functions, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions are also considered major life activities.
Even if an impairment is episodic or in remission, it may still qualify as a disability if it substantially limits a major life activity when active.
Employer Actions Covered by Disability Discrimination Laws in Fair Lawn, NJ
The ADA makes it unlawful to discriminate against employees with disabilities in all employment practices such as:
- Recruitment
- Hiring Pay
- Firing Promotion
- Job assignments Training
- Leave Lay-off
- Benefits All other employment-related activities
Retaliation and Association Discrimination Are Also Illegal in Fair Lawn, NJ
The ADA (and Texas state law) also prohibits employers from:
- Retaliating against applicants or employees who assert their rights
- Discriminating against individuals because of their relationship or association with a person with a disability
Why Speaking With a Disability Discrimination Attorney in Fair Lawn, NJ Is Important?
If you feel that you were subjected to discrimination during any of the above listed employment activities because of your disability, it is important you speak with an experienced disability discrimination attorney as soon as possible to determine your rights and what legal actions can be taken on your behalf. The sooner you learn what protections you have under the law, the better position you are in to protect your job and future career. You can contact us at Leeds Law Firm at any time to speak to a Fair Lawn employment lawyer.
Failure to Provide Reasonable Accommodation in Fair Lawn, NJ
If an employer suffers from a disability, but can perform all the essential functions of his/her job with a reasonable accommodation, federal and state law require the employer to engage in an interactive process to identify and provide that reasonable accommodation (so long as it does not put an undue burden on the employer’s business). Issues such as Wrongful Termination can also arise when accommodations are mishandled. A Fair Lawn employment lawyer can help you assess if your employer has unlawfully failed to accommodate your disability. Therefore, it could be in your best interest to speak with a knowledgeable disability discrimination attorney to understand your rights.
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What Is a Reasonable Accommodation in Fair Lawn, NJ?
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.
Common Examples of Reasonable Accommodations:
- Acquiring or modifying equipment or devices
- Job restructuring
- Part-time or modified work schedules
- Reassignment to a vacant position
- Adjusting or modifying examinations
- Adjusting training materials or policies
- Providing readers and interpreters
- Making the workplace accessible and usable for individuals with disabilities
When Employers Fail to Provide Reasonable Accommodation in Fair Lawn, NJ?
It is a violation of both the ADA and Texas state law for employers to fail to provide reasonable accommodations unless doing so would pose significant difficulty or expense.
Your legal rights may be violated if your employer:
- Ignores your accommodation request
- Unreasonably delays providing an accommodation
- Treats you negatively because you requested one
- Terminates your employment instead of accommodating your needs
An attorney can help you assess your situation and demand the accommodation to which you are legally entitled.
Signs Your Employer May Be Violating the ADA in Fair Lawn, NJ
You may be facing a legal violation if your employer:
- Ignores or unreasonably delays your accommodation request
- Denies accommodation without discussing alternatives
- Treats you negatively for requesting an accommodation
- Reduces your hours, demotes you, or changes your job duties in retaliation
- Terminates your employment instead of accommodating your needs
In many cases, employers take requests more seriously once an attorney becomes involved. If the misconduct continues, a lawyer can help you.
- Demand the accommodation you are entitled to
- File a charge of discrimination
- Protect your right to pursue a disability discrimination lawsuit
Protect Your Rights—Speak With a Fair Lawn Disability Discrimination Attorney
If you have experienced disability discrimination, retaliation, wrongful termination, or denial of reasonable accommodation, you do not have to face it alone. Your rights are protected under federal and Texas law, and legal action may be necessary to preserve those rights
Leeds Law Firm can help you:
- Understand your legal protections
- Evaluate your employer’s actions
- Pursue the accommodations you need
- Hold your employer accountable
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