Central New Jersey Disability Discrimination Lawyer
Disability Does Not Mean Inability
When a real or perceived disability becomes the focus of an employer’s attention rather than the employee’s ability to do the job, when an applicant is overlooked in hiring or opportunities for promotion, when an employer fails to make reasonable accommodations for an employee’s disability, then workplace discrimination is taking place.
The Americans with Disabilities Act (ADA) of 1990 was regarded as one of the most potentially far-reaching pieces of civil rights legislation in decades. This law makes it illegal for employers to discharge, fail to promote, fail to hire or otherwise mistreat an individual because of a physical or mental handicap so long as that person is able to perform the job. It also requires employers to make reasonable accommodations for employees with special needs.
In 2011, the ADA Amendments Act (ADAAA) became effective, giving the law some teeth by expanding the parameters in its definition of “disabled.” Congress found that many people with certain types of impairments did not meet the ADA’s definition of disabled — those with epilepsy, diabetes, multiple sclerosis, major depression and bipolar disorder, for instance, were excluded. Congress felt that these conditions should be covered and directed the U.S. Equal Employment Opportunity Commission (EEOC) to amend its ADA regulations to reflect the changes made by the ADAAA.
“Hanan was there every step of the way to act as my advocate.” – Dan
What Qualifies As ‘Disability’?
The ADA Amendments Act and the final regulations define a disability thusly:
- a physical or mental impairment that substantially limits one or more major life activities (sometimes referred to in the regulations as an “actual disability”), or
- a record of a physical or mental impairment that substantially limited a major life activity (“record of”), or
- when a covered entity takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor (“regarded as”). [Section 1630.2(g)]
The impact of the ADAAA will continue to be determined in practice and in court, but this area of law is clearly dynamic.
If you feel that you have been discriminated against in the workplace on the basis of disability, there are remedies. The experienced lawyers at Hanan M Isaacs, regularly represent clients in disability discrimination claims before the EEOC and in the courts, when necessary.
Contact A Disability Discrimination Attorney
At Hanan M Isaacs, our central New Jersey disability discrimination attorneys protect the civil rights of employees and help them hold employers accountable for discriminatory behavior and policies. send us an e-mail to arrange for a consultation at our Somerset County law office.