What Are the ADA Basics for Employees?

The Americans with Disabilities Act (ADA) is a federal law that protects employees with disabilities from discrimination in the workplace. If you have a disability, understanding your rights under the ADA can help ensure you are treated fairly by your employer. Knowing how the ADA applies to you is essential for navigating workplace challenges.

Your Rights Under the ADA

The ADA guarantees several important rights for employees with disabilities. These rights include protection against discrimination, the ability to request reasonable accommodations, and the assurance that you will not be retaliated against for asserting your rights.

First, the ADA prohibits employers from discriminating against qualified individuals with disabilities. This means your employer cannot treat you unfairly because of your disability in any aspect of employment, including hiring, promotions, job assignments, or termination.

Second, under the ADA, you have the right to request reasonable accommodations. A reasonable accommodation is a modification or adjustment to the work environment that allows you to perform the essential functions of your job. These accommodations can include things like flexible schedules, modified equipment, or accessible workspaces. If you request a reasonable accommodation, your employer must engage in an interactive process to determine how they can meet your needs.

It is important to note that you must be able to perform the essential functions of your job, with or without accommodations, to be protected by the ADA. This means that your disability should not prevent you from doing the main tasks of your job, even if modifications are necessary to help you succeed.

Lastly, the ADA protects you from retaliation. If you request an accommodation or file a complaint about discrimination, your employer cannot punish you for asserting your rights. Retaliation could take the form of unfair treatment, denial of promotions, or wrongful termination, and it is illegal under the ADA.

Your Employer’s Responsibilities

Employers in New Jersey and across the country have a legal duty to comply with the ADA. This includes making reasonable accommodations for employees with disabilities and ensuring their workplaces are free from discrimination.

First, your employer is required to provide reasonable accommodations when requested, as long as the accommodations do not create an undue hardship for the business. What counts as an undue hardship depends on the size and resources of the company, but most employers are expected to take steps to accommodate employees with disabilities.

If your employer denies your request for accommodation, they must have a valid reason, such as proving the accommodation would significantly disrupt their operations or be too costly. Even then, they should explore alternative solutions with you. It is your right to engage in an open dialogue with your employer about your needs and how they can be met.

Second, your employer cannot ask you questions about your disability unless it directly relates to the job or your need for accommodations. Employers are also not allowed to require medical examinations unless they are job-related and necessary for the business. Your privacy is protected under the ADA, and your employer must keep any medical information you provide confidential.

Your employer is also responsible for preventing and addressing any harassment or discrimination related to disabilities in the workplace. If a supervisor or coworker treats you unfairly because of your disability, your employer is obligated to take corrective action. They should have procedures in place for addressing complaints of discrimination, and they must investigate any incidents reported to them.

In addition to these responsibilities, employers are encouraged to educate their workforce about disability rights. This can create a more inclusive environment where all employees, regardless of their abilities, feel supported and valued.

The South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Help You Understand Your Rights

The ADA provides important protections for employees with disabilities, ensuring that they have the right to a fair and supportive work environment. By understanding your rights and your employer’s responsibilities, you can better advocate for yourself if challenges arise. Speak with the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC,today. Contact us at 856-235-7075 or fill out our online form to schedule your free consultation and learn more about the support and service we can provide. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve Cherry Hill, Burlington County, Camden County, and South Jersey.