The Americans with Disabilities Act (ADA) is a landmark piece of civil rights legislation. It was created to provide equal opportunities regarding housing, transportation, education, employment, and other areas of public and private life. To discriminate against people with disabilities is illegal and may result in fines, citations, or injunctions. Civil lawsuits may also be filed against ADA violators.
Employers with 15 or more workers must provide equal opportunities for applicants and employees with disabilities. During the hiring process, employers must provide reasonable accommodation for applicants. Questions for applicants are restricted before the job is offered. For example, “can you lift 12 pounds” is acceptable, “are you disabled” is not.
Employees with disabilities are entitled to reasonable accommodations enabling them to perform their duties in an accessible workplace. They are to benefit equally to employment related opportunities as others do, including wages, training, promotions, and more. Individuals who experience ADA violations may file complaints with the Equal Employment Opportunity Commission (EEOC).
An experienced lawyer can help you understand your ADA employment rights. If you have been denied reasonable accommodation or faced retaliation for requesting it, they can advise you on possible next steps. Your lawyer will help you explore your options and decide what the next steps should be, such as filing a claim with the EEOC or going to court.
What Qualifies as Reasonable Accommodations?
Modifications allowing applicants to proceed through the hiring process or employees to perform their essential functions, or tasks central to their position, are reasonable accommodations. An applicant may benefit from a video interview rather than an in-office one, or extra time to complete a test. Employees may benefit from a quiet office, written instructions in braille or large print, modified work schedules which include additional breaks, and more.
Accommodations must not cause undue hardship for the employer. This is when an accommodation is too expensive or overly difficult for the employer to implement. The employer however should research what is or is not reasonable rather than assume undue hardship.
Bucks County Employment Lawyers at Sidney L. Gold & Associates, P.C. Advocate for Clients Facing ADA Violations at Work
If you have been denied reasonable accommodation or face other disability discrimination while working or seeking work, speak with one of our experienced Bucks County employment lawyers at Sidney L. Gold & Associates, P.C. Whether it is filing a claim with the EEOC or bringing your case to court, we will fight to protect your rights. For a free consultation, call us today at 215-569-1999 or complete our online form. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, and Montgomery County.