New Jersey Disability Law Firm
An Overview of the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was created to protect disabled people from discrimination.
A disabled person is defined as someone who:
- Is mentally or physically impaired and that impairment limits their activities
- Has a record of impairment
- Is regarded as having an impairment
It also protects the parents and guardians of someone with a disability. The Americans with Disabilities Act affects employment and public accommodations. All businesses with more than 15 employees must follow the ADA's employment provisions and all businesses must follow its public accommodations provisions as well.
The Americans with Disabilities Act breaks down into five categories or titles: employment, public services, public accommodations, telecommunications and miscellaneous.
Employment – Title I
This title requires businesses to have reasonable accommodations to protect the disabled. This protection covers hiring, wages, benefits and the application process. It also requires businesses to make changes to their facility to accommodate those with disabilities. The law does not require businesses to hire someone with a disability who is not qualified. It does, however, protect the rights of applicants who are qualified for employment. The facility must be accessible and usable to a disabled person. A business may even be required to adapt their workspace and equipment to fit the needs of its disabled employees. Testing and training materials must also be fair toward those with disabilities.
A few examples of the changes a business may have to make because of Title I of the ADA are:
- A visually impaired employee may need an employee to read to them what is posted on a bulletin board in the office
- A hearing impaired employee or applicant may require an interpreter during an interview
- An employee with cancer or other serious illness may need time off for treatment
- An employee with diabetes may require unique scheduling and breaks to monitor his or her blood levels
Public Services – Title II
All public services open to people without disabilities must be accessible and available for people with disabilities as well. This title mostly covers services such as transportation. Public transportation services like buses and subways must be accessible to people with disabilities.
Public Accommodations – Title III
Newly built public accommodations must be accessible for the disabled. This includes restaurants, retail stores, hospitals, hotels and grocery stores. Buildings that existed before ADA was passed are required to make reasonable changes to fit the ADA provisions. One example of this law in action is the existence of wheelchair ramps commonly seen in front of buildings.
Telecommunication – Title IV
Telecommunication companies providing service to the public must have services such as telephone relay services available to the hearing impaired.
Miscellaneous – Title V
This provision protects people who help others assert their rights under the ADA. These individuals cannot be threatened, coerced or retaliated against.
Contacting a Disability Lawyer in New Jersey
If you or a loved one has had your ADA rights violated, you would be well-advised to contact an Americans with Disabilities Act attorney. The disability lawyers at Kazmierczak & Kazmierczak, LLP devote their entire practice to helping those with disabilities across the country. Call 1-877-527-5529 for a free consultation.
Please Call 1-877-527-5529 or fill out our Contact Form to schedule a free consultation to start the application process for your disability.