Newark Disability Discrimination Lawyer
Besides prohibiting discrimination based on race, sex, religion, pregnancy, and age, federal law also specifically forbids employers from treating an applicant or employee unequally or unfairly because of his or her disability. To learn more about the Americans with Disabilities Act (ADA) and whether it applies to you or your business, please contact a dedicated Newark disability discrimination lawyer who has the resources and experience to address your questions and concerns.
Defining Disability Under the ADA
The ADA defines a disabled individual as someone who:
- Has a physical or mental impairment that limits his or her ability to fulfill one or more major life activity;
- Has a history of physical or mental impairment; or
- Is regarded by others as having a physical or mental impairment.
Individuals who satisfy one of these definitions and can perform the essential functions of a job are protected from discrimination when it comes to:
- The application and hiring process;
- Receiving promotions;
- Working conditions;
- Compensation; and
It is also worth noting that the ADA actually requires employers to make reasonable accommodations for disabled applicants and employees, as long as they are qualified to fulfill the job’s requirements.
What are Reasonable Accommodations?
Under the terms of the ADA, any alteration to a work environment or employment procedure that helps an employee fulfill essential job duties is considered to be reasonable. In the past, this has included:
- Altering a work schedule;
- Restructuring a job;
- Making a facility wheelchair accessible;
- Buying or modifying workplace equipment; and
- Adjusting job training materials or examinations.
Employers are not always required to make accommodations for an employee or applicant who qualifies as disabled. Generally, if making an accommodation would cause undue hardship for a business, then it will be considered unreasonable and so unnecessary under federal law. When determining whether an employer wrongfully denied an accommodation, courts assess a variety of factors, including the size of the business in question, the cost of the adjustments or alteration, and the employer’s financial resources.
Who is Covered by the ADA?
The ADA applies to employers with 15 or more employees, including state and local government agencies, private employers, labor unions, employment agencies, and federal sector employees.
How do I File a Disability Discrimination Claim?
Employees or applicants who have been discriminated against on the basis of disability have a couple of different options when it comes to filing a claim. For instance, claimants who file a complaint under the ADA with the Equal Employment Opportunity Commission (EEOC) must do so within 180 days of the discriminatory act. It is only after this complaint has been filed and the EEOC has conducted an investigation that a wronged employee can file suit against his or her employer in court. Those who choose to file a discrimination claim based on Ohio law, however, are not required to file a complaint with a government agency before filing suit in court.
Contact a Newark Disability Discrimination Attorney Today
Please contact Marshall & Forman, LLC at (614) 463-9790 and a member of our dedicated legal team will help you schedule a consultation with one of our experienced Newark disability discrimination attorneys today.