This blog post was written by Tayeb Hyderally; Ty Hyderally (as he is known) is an employment lawyer in New Jersey and is a super lawyer.
Employment laws are written with the intent that those who wish to work and have the ability to work should be allowed to work. There should be no discrimination in the workplace regarding age, gender, marital standing, race, skin color, sexual preference or disabilities. IF a person is willing and able to perform a job it should be their right to do so.
The ADA (Americans with Disabilities Act of 1990) took other discrimination laws a step further to include those who had disabilities but are still capable of functioning and performing designated job duties. ADA prohibits any form of discriminatory practices against a worker based on a mental or physical handicap. The ADA also requires employers to make any type of necessary and reasonable accommodations for their disabled workers. These accommodations must be within reason and not cause a undue hardship on the business. An individual who has a disability for which accommodations should be made is someone who is “substantially limited” in their main daily activities. Examples may include the addition of ramps for ease of access or redesign of a desk or office area to make it possible for them to work in the designated space.
Title V of the Americans with Disabilities Act of 1990 explains that Congress and States are also required to be in compliance with ADA. Federal agencies are not exempt either. ADA also allows the recovery of legal fees for those who file a suit and it is found that they were discriminated against in the workplace because of an existent disability.
Another facet of Title V also prohibits any type of negative actions against a disabled person. These include actions such as coercion, threats or retaliation in any way. This law stands to also protect those who attempt to help the disabled person assert their rights under ADA.