ADA Claims and Violations
Under Title I of the Americans with Disabilities Act (ADA), it is illegal for state and local governments, employment agencies, labor unions and private employers to discriminate against qualified individuals with disabilities. If you feel you have been discriminated against in hiring, firing, job advancement, training or other aspects of a job, you may have a case to file an ADA claim. At the Arcè Law Group, our attorneys have extensive knowledge of the ADA and have handled many complex employment law cases throughout New Jersey, New York and Philadelphia. When you turn to our firm, you will be represented by a lawyer with the knowledge and resources to get you the results you need. If you feel that an employer has violated the ADA, do not hesitate to get help immediately.Who Does the ADA Protect?
Under the ADA, the following people are protected:
- Any employee with a mental or physical impairment that substantially limits a major life activity
- Any employee with a history of disability or impairment
- Any employee who the employer regards as disabled, whether or not it is true
If you fall under any of these categories and have been discriminated against in the workplace, our employment law attorneys are prepared to fight for your rights.How is Disability Defined Under the ADA?
The ADA defines a disability as a mental or physical impairment that substantially limits a major life activity. A major life activity can include:
- Basic tasks such as walking or communicating
- Major bodily functions such as immune or neurological disorders
Temporary ailments do not count as disabilities under the ADA. In addition, in order to be protected, you must be considered a qualified worker. A qualified worker with a disability is defined as someone who is able to perform all of the essential duties of the job, with or without reasonable accommodations. The experienced attorneys at our firm can help you further understand if your impairment fails under the protection of the ADA.Is an Employer Required to Provide Reasonable Accommodations?
Depending on the nature of the job and an employee’s disability, an employer may be required to provide reasonable accommodations to allow for the employee to fully perform their job. The employee must discuss their needs with the employer so the employer understands what accommodations are necessary. An employer does not have to make these accommodations if it will lead to undue hardship for the business. The following factors contribute to determining undue hardship:
- The cost of the accommodation
- The financial resources of the employer
- The size, composition and structure of the business
- What other accommodation costs the business has already spent
If the cost of the accommodation causes financial harm to the business, that is usually considered an undue hardship. With the help of the seasoned legal team at our firm, you can determine if your request for accommodations were reasonable.Filing an ADA Claim
If you believe that your rights have been violated under the ADA, we can help you file a claim with the Disability Rights Section (DRS) in the Department of Justice. Your claim must include the following information:
- Your full name, address and contact information
- The name and address of the business or organization that you believe has committed the discrimination
- A brief description of the discrimination, including dates and names of other people involved
- All other information you believe is important, including copies of relevant documents
After your complaint is received, the DRS will review your claim to determine if an investigation needs to occur. Our tenacious employment law attorneys will guide you through every step of the process, from drafting and filing your claim to litigation.
Call today to schedule a free initial consultation with an ADA claims attorney in NJ, NY or PA
If you feel your employer has violated the American with Disabilities Act, the Arcé Law Group is prepared to help you. We represent clients in Newark, Jersey City, Princeton, Woodbridge, Edison and throughout New Jersey. We also handle cases in New York City’s five boroughs of Manhattan, Brooklyn, Queens, the Bronx and Staten Island, and in Philadelphia and Washington D.C. We offer free initial consultations to review your case. Contact us online or call us our New York office at 212.248.0120, our Philadelphia office at 215.239.3036, or our New Jersey office at 201.210.5072. We have Spanish and Russian speaking attorneys. Se Habla Español and Мы говорим по-русски.