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If you have been abused, harassed, or discriminated against at work, or if you were wrongfully terminated, you have options. At the Law Offices of Emanuel S. Fish, we are committed to defending employees' rights in the workplace. We use our 45 years of combined legal experience and the latest technology to help you get compensation for lost income and damages. To learn more about protecting your rights, call us toll-free at 1-888-347-4529 or E-mail us. |
Attorney Emanuel S. Fish founded the Law Offices of Emanuel S. Fish in 1972 to help employees in the Newark area. Our attorneys have more than 45 years of combined legal experience to help employees seek compensation for violations of their rights in the workplace. Call us toll-free at 1-888-347-4529 or E-mail us for more information about employee rights. |
The Americans with Disabilities Act (ADA) was passed in response to widespread discrimination against people with disabilities. It protects the disabled from discrimination in communications, public accommodations, transportation, governmental activities and employment. Most employers are prohibited from discriminating against qualified individuals with disabilities in hiring, firing, benefits, compensation, promotion, training and other aspects of employment. If you have a disability and have faced employment discrimination, contact an attorney to discuss your case.
Under the ADA, a person who has a disability:
Employers must not discriminate against qualified individuals with disabilities.
A qualified individual with a disability is a person who has the skills, education and experience that are necessary for the job and can perform the essential functions of the job with or without reasonable accommodations. This means that the individual must be able to do the tasks that are important to the job, but not those that are secondary to the job.
A reasonable accommodation is an adjustment an employer makes so that an employee with a disability can perform the essential functions of the job. This may include:
If the accommodation is an undue burden for the employer — if it is too expensive or disruptive, for example — then the employer is not required to provide it. The size and resources of the employer are taken into account in determining whether an accommodation is an undue burden. Many accommodations, however, are low-cost and easy to provide, allowing the disabled individual to engage in productive activity at work.
If you need a reasonable accommodation from your employer in order to perform the essential functions of your job, ask for one. Your employer may not be expected to make a reasonable accommodation if the employer does not know that you need it. Engage your employer in a dialogue about what would help you do your job; that way, you are more likely to get what you need.
During the initial interview process (before a job offer), there are certain questions the employer must not ask the applicant. This is to prevent the employer from discriminating on the basis of disability in the hiring process. Of course, the employer may explain the requirements of the job and ask the applicant about his or her experience, qualifications and education. Be wary, however, of questions such as:
Most of the time, any relevant question concerning disability should be asked after a conditional job offer has been made. At that time, the employer may investigate whether reasonable accommodations can be made for a disability. If the applicant brings up his or her disability during the interview, the employer may discuss it as it relates to the duties of the job.
Employees and applicants for employment have the right to be free from discrimination based upon disability. If you believe that you have been discriminated against because of your disability, contact an attorney to discuss your rights.
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