Philadelphia Disability Accommodation And Discrimination Lawyers Safeguarding Your Workplace Rights
Unfortunately, people with disabilities can face severe discrimination in the workplace. Federal and state laws protect the rights of people who have both visible and unseen disabilities. Karpf, Karpf & Cerutti, P.C., has helped clients throughout New Jersey, New York and Pennsylvania who were unsure where else to turn.
State And Federal Laws That Apply To Disability Accommodation And Discrimination
Several layers of legal protection shield employees from unfair treatment and ensure they have the tools needed to perform their jobs. At the federal level, the Americans with Disabilities Act (ADA) prohibits bias and requires employers to provide necessary support. State laws offer additional paths for justice, including:
- The Americans with Disabilities Act (ADA): A federal law protecting disabled workers across the country who are employed at an operation with 15 or more employees.
- The New Jersey Law Against Discrimination (NJLAD): One of the strongest state-level protections in the nation.
- The Pennsylvania Human Relations Act (PHRA): The primary law in the commonwealth shielding Pennsylvania workers from employers with four or more employees from disability bias.
Many local cities and counties also pass their own ordinances that create even stricter rules against discrimination. Each of these laws defines “disability” somewhat differently, and the NJLAD defines disability significantly more broadly than the ADA, as it does not require a “substantial limitation of a major life activity” for a condition to be considered a disability. Our attorneys can explain how federal and state laws apply to your case.
Understanding Your Rights
If you were refused accommodations or discriminated against because of a disability, talking to an attorney is imperative. The Americans with Disabilities Act (ADA) holds employers to a high standard. This includes providing reasonable adjustments to your workspace and proper compensation. It also protects you from being harassed by other coworkers. As an employer, they have to give you the same opportunities as everyone else they hire.
It is important to know that the company you work for cannot ask job applicants about the existence or severity of their disability. However, they can ask about their ability to perform certain work functions. Our experienced employment law attorneys will help you get the deserved compensation, the proper accommodations or your job back. You deserve trusted legal help. With our firm’s collective 100-plus years of experience, you can rest assured that we can build the strongest possible case for you.
Must-Know Answers To Disability Law Questions
Our attorneys know that you cannot fight for accommodations or against bias if you do not understand how the law works. Here are answers to three questions we hear frequently in our offices.
What does “reasonable accommodation” actually mean in terms of what an employer has to do for a disabled employee?
A reasonable accommodation is any change in the work environment or the way things are usually done that helps a person with a disability apply for or perform a job. This includes actions like providing a screen reader, adjusting a work schedule or making a workspace accessible. Your employer must provide these changes unless the request causes a significant difficulty or expense in light of the employer’s resources.
What is the process of providing reasonable accommodation after a request is made?
Once you ask for help, you and your employer must engage in an “interactive process,” which is a collaborative conversation to find a solution. Your employer should discuss your limitations and explore various options that would allow you to succeed in your role. We use our more than 100 years of combined experience to ensure your company stays at the table and takes this dialogue seriously.
Could I be fired for requesting reasonable accommodation for my disability?
No, your employer cannot legally fire or punish you for exercising your right to request an accommodation. Retaliation for seeking support is a violation of both state and federal law. However, it’s important to note that an employee can still be fired for performance or conduct issues unrelated to the request. Furthermore, if no reasonable accommodation exists that allows the employee to perform essential functions, termination may be legal. If you do face wrongful termination or a demotion after asking for help, our firm will fight to hold your employer accountable for their illegal actions.
Start Moving Forward By Contacting Our Firm
Everyone deserves a fair and safe workspace. To learn more about your options, contact our attorneys in Philadelphia or Bensalem at 215-639-0801. To discuss your situation with someone in our Marlton or Astoria office, contact us at 609-683-4022. You can also fill out our contact form.
