Disabled individuals have the same right to go to work and earn a living as fully abled individuals. Sadly, employers sometimes assume that a disabled worker cannot perform the same type of work as an employee who is not suffering from a disability. Fortunately, disabled individuals are protected by many laws, namely the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
Employers do not always want to abide by these laws, however. When that is the case, workers can file a claim against their employer. If you believe your employer has discriminated against you based on a disability, contact a Newark discrimination of disabled attorney today.
The ADA is a newer law than the Rehabilitation Act, and it offers many protections for disabled workers. Under this Act, employers cannot treat disabled employees differently in any way than they treat non-disabled employees. Employers that are making decisions on hiring, firing, job assignments, salary and wages, terminations, and working conditions can take many factors into consideration, but a disability is not one of them.
Under the ADA, employers are also required to provide disabled employees with reasonable accommodations when a disabled employee requests it. A disabled employee may request lighter duties, accommodations made to their work environment or equipment, and employers must comply with the request. The only exception to this is when creating the reasonable accommodation would place undue hardship on the employer or their business. When making the request, it is important that workers understand what constitutes reasonable accommodations.
Before the ADA was enacted into law in 1991, employers were not prohibited from firing individuals that suffered from a disability, even when an injury or illness is temporary. Employers could also refuse to hire someone that suffered from a disability. At that time, it was also not uncommon for employers to fire a worker when they returned from workers’ compensation leave, even though the law prohibited these acts.
Today, the ADA protects employees in these situations. Employers must now take part in an interactive process during which they communicate with the worker about the reasonable accommodations they need to perform their job duties. The ADA, however, does not outline what exactly constitutes reasonable accommodations. Additionally, employers may state that the accommodations requested would place an undue hardship on them, even when that is not true.
Due to the fact that the law is unclear about what constitutes a reasonable accommodation, employees are often unsure of whether their employer is complying with the law. A Newark discrimination of disabled attorney can advise on a specific case and help disabled employees recover the damages they deserve.
If you believe your employer has treated you unfairly based on a disability, you can take legal action to recover damages. At Marshall Forman & Schlein LLC, our Newark discrimination of disabled attorneys can help you through the process and give you the best chance of success with your claim. Call us today or contact us online to schedule a meeting with one of our attorneys so we can review your case.
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