Experienced Disability Discrimination Lawyer Representing Employees Throughout New Jersey
The Americans with Disabilities Act (ADA) was enacted in 1990 to protect the employment rights of people with disabilities. American businesses were required to remove any and all barriers to adhere to the ADA completely. Sadly, some are falling short and others are simply not trying hard enough. If your rights were violated under the ADA, a disability discrimination lawyer can help you get justice, accountability, and better conditions in the workplace.
At Zatuchni & Associates, our New Jersey disability discrimination attorney is an experienced, solutions-focused advocate for disabled workers and their families. Our law firm represents workers against employers who fail to adhere to the Americans with Disabilities Act. We strive to secure financial recovery and justice through the legal system for employers not accommodating their employees’ disabilities in the workplace. Contact the law office of Zatuchni & Associates to speak to a disability discrimination attorney. Initial consultations are free and confidential.
The ADA Applies to Applies to Employers With 15 or More Employees
All New Jersey employers with 15 or more total employees are covered by the Americans with Disabilities Act (ADA), including business, non-profit organizations, and state/local government agencies. Covered employers are required to follow all requirements of the law, including avoiding discriminatory practices and providing reasonable accommodations.
Disability is Defined Broadly Under the ADA
The ADA protects individuals who have disabilities. The law defines the term ‘disability’ in a relatively broad manner. Simply put, a disability is a physical or mental impairment that significantly limits certain day-to-day activities. For reference, the ADA covers the following:
- Short-term physical disabilities;
- Long-term/permanent physical impairments;
- Pregnancy and related medical conditions;
- Mental and emotional disabilities; and
- All types of serious illnesses.
The ADA Prohibits Disability Discrimination
All employees deserve full and fair access to workplace opportunities, regardless of their disability status. Businesses and organizations that are covered by the ADA are prohibited from treating disabled workers any less favorably than they treat non-disabled co-workers. Under the ADA, an employer cannot discriminate against a qualified individual because of a disability in:
- Hiring and firing;
- Promotions and advancement;
- Job training; and
- Job privileges.
If you were subject to any type of adverse employment action because of your disability status, you were the victim of disability discrimination in the workplace. You should consult with an experienced New Jersey ADA attorney who can help you take action to remedy the issue, potentially including seeking financial compensation for your damages.
You May Be Entitled to a Reasonable Accommodation Under Federal Law
One of the most important things to know about the Americans with Disabilities Act is that it does more than merely require employers to avoid disability discrimination. Companies and organizations also have legal obligations to make reasonable accommodations for qualified employees with a recognized and known physical or mental disability unless it causes hardship. In addition, that employee must be able to perform the duties essential to the job.
The ADA and Reasonable Accommodations: A Case-By-Case Matter
Under the ADA, a reasonable accommodation is defined as an adjustment to the workplace environment or job duties that enable disabled employees to perform the position. An accommodation should actually address an individual employee’s underlying issues. In practice, reasonable accommodations can come in a wide variety of different forms. Some notable examples include:
- Making a physical change to the workplace;
- Providing additional leave time;
- Offering part-time or full-time telework; or
- Modifying some aspects of a position.
Whether an accommodation is “reasonable” under the ADA depends on several factors, including the scope of the adjustment and the expense (or lack thereof) that it would cause the employer. If you are a disabled employee who is seeking a reasonable accommodation, your employer has a legal duty to engage in a good faith, open bargaining process. Your request for accommodation should never simply be dismissed without a full and fair evaluation.
How New Jersey ADA Lawyer David Zatuchni Can Help
The Americans With Disabilities Act is a complex federal law. If you have questions about your rights or options under the statute, you are certainly not alone. With extensive experience representing disabled workers, New Jersey employment attorney David Zatuchni is ready to help you understand the law and navigate the claims process. When you reach out to our employment law firm, you will speak to a New Jersey disability discrimination attorney who will:
- Listen to your story and answer your questions;
- Gather and organize all documents, records, information, and evidence; and
- Take action to protect your rights under the ADA.
We are proud to provide personal attention and support to employees. You deserve the same top quality, focused legal representation that the nation’s largest law firms give to high-dollar corporate employers. With a proven record of successful settlements and verdicts across a wide range of employment matters (including disability discrimination claims and ADA violations, our New Jersey legal team will work to get you the best possible outcome.
Call Our New Jersey ADA Attorney Today for a Free Consultation
At Zatuchni & Associates, our New Jersey disability discrimination lawyer is an experienced, trustworthy advocate for disabled employees and their families. We will protect your rights under the ADA. If you believe that you have a claim or if you have general questions about your legal options, we are here to help. Contact us today to talk with an attorney to understand your disability rights. Initial consultations are free and strictly confidential. With legal offices in Morristown and Lambertville, our employment law team handles disability discrimination claims throughout all of New Jersey.
To learn more …
Past Zatuchni & Associates Newsletters
Disability Discrimination in New Jersey
Mental Illness Discrimination in the NJ Workplace: Your Rights
Can You Sue For Disability Discrimination Without Being Fired, Demoted, or Transferred?
Can My Employer Change My Job Title or Pay if I Have a Disability?