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Since 1990, the Americans with Disabilities Act (ADA) has prohibited business owners from discriminating against employees or job applicants based on either a history of disability or a temporary and minor impairment expected to last less than six months. Employers must also provide “reasonable accommodations” to ensure employees with disabilities can perform work to the same or similar degree as non-disabled workers, as long as doing so would not place an “undue hardship” on the company.
If your employer failed to abide by ADA regulations, or you believe you were denied employment because of your disability, consider talking to an employment law attorney about your legal options. A knowledgeable Cherry Hill ADA violations lawyer could help you understand your rights under this federal legislation and ensure your best interests are protected.
Who Does the ADA Cover?
The Americans with Disabilities Act only provides protections to individuals with disabilities, meaning an employee or job applicant must have a physical or mental impairment that significantly hinders his or her ability to perform at least one major life activity in order to be covered under the ADA. Qualifying disabilities may limit a worker’s ability to walk, talk, retain information, or perform manual labor. Medical conditions which impede internal function, such as cancer or heart disease, may also qualify an employee for ADA protections.
Additionally, an employee or job applicant must be qualified for the position he or she holds or is seeking, meaning he or she can perform essential functions and possesses the required skillset and/or experience for the position. A disabled individual is still considered qualified for a position if he or she requires reasonable accommodations to perform job-related duties.
Generally, only businesses with 15 or more employees are required to follow the guidelines outlined by the ADA. Fortunately, the New Jersey Law Against Discrimination (NJLAD) also applies to employers with 15 or more workers and establishes a significantly broader definition of “disabled” compared to the ADA. A seasoned attorney from our team could clarify whether an individual worker has valid grounds for an ADA violations case.
Filing Suit over Disability Discrimination
Initiating a claim for disability discrimination under the ADA requires filing a “right to sue” letter through the Equal Employment Opportunity Commission. Workers in our area who want to file suit under the ADA must do so within 300 days of the alleged incident.
Alternatively or in addition to an ADA violations claim, a Cherry Hill lawyer could help file an administrative claim through the New Jersey Division on Civil Rights within 180 days of the alleged violation or a lawsuit in state court under the NJLAD within two years.
Depending on the employer, there may be additional procedures for reporting an incident of disability discrimination. However, any such procedures would not extend the filing deadlines, so it is important to retain legal counsel as quickly as possible.
Work with a Cherry Hill ADA Violations Attorney
Legislation at both state and federal levels prohibits employers from discriminating against disabled applicants and employees. Regardless of which set of laws applies to your case, you may have grounds to pursue legal action if you were denied equal compensation, a promotion, or a job opportunity because of your disability.
A Cherry Hill ADA violations lawyer from our firm could provide customized guidance and support regarding any legal remedies you wish to pursue. Call today to learn more.