Posted by Diane
The Americans with Disabilities Act is a federal Act that helps to protect the employment rights of disabled workers in states across the country. Many employees and employers are covered by the Act in the state of New Jersey. However, the Act does not cover all employer and employees.
When an employee has a disabled, the employer should not take the disability into consideration when making any employment related decisions about the employee, such as a decision about hiring, promotion, termination, training, or compensation. Also, the employer may have to make special accommodations for some employees.
The ADA applies to those employees that have disabilities. The employee should have a record of having a particular disability in order to receive coverage, but both mental and physical disabilities may qualify. An example of a qualifying mental disability might be depression or an anxiety disorder. A qualifying physical condition could be a missing limb or a hearing impairment.
When an employee wishes to be covered by the ADA, the employee should already be employed for a covered employer. The Act also covered job applicants of a covered employer. However, customers and clients of the employer are not covered by the Act.
The Act also only protects covered workers from discrimination that is based on the disability.
Employers that have at least 15 employees working for them for any calendar year are covered by the Act. These employers may have to make special accommodations for employees with disabilities. For example, if an employee is in a wheelchair and needs a lower desk in order to reach his or her work station, the employer should provide the lower desk. The employer should not take this additional cost into consideration when making an employment related decision about the employee. CB
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