The ADA (ADAAA, as amended) applies to employers with 15 or more employees/workers. The ADA prohibits discrimination, harassment and retaliation against “qualified individuals with disabilities” in all employment practices, including job application procedures, hiring, firing, advancement, compensation and training.
A “qualified individual with disabilities” is an employee or job applicant who meets all legitimate skill, experience, education and other requirements of a position and can perform the essential functions of the position with or without reasonable accommodation. Employee with disabilities may also include, but are not limited to, workers with physical disabilities as well as those with psychological, emotional and learning disabilities and impairments, such as depression, PTSD and ADHD.
New York & New Jersey Law
The New York State Human Rights Law (NYSHRL), New York City Human Rights Law (NYCHRL) and the New Jersey Law Against Discrimination (NJLAD) also protect workers from employment/workplace disability discrimination, including, but not limited to, failures to reasonably accommodate medical/health conditions, firing for disability related reasons, and retaliation against complaints of discrimination.
If you think you have been a victim of employment/workplace disability discrimination, harassment or retaliation, our experienced New York & New Jersey Employee Rights Lawyer can help get the resolution you deserve.