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Your rights at work if you have a disability

Disabled workers have rights in the workplace. Whether you have a permanent or temporary disability, you have the right to work at a job and not face discrimination because of your disability. Today, we will review the rights that disabled workers have on the job so you can protect yourself and know when you are facing discrimination in New Jersey.

The Americans with Disabilities Act (ADA) requires that employees receive reasonable accommodations in the workplace, including the following:

  • Being provided interpreters
  • Restructuring of your job
  • Modified or flexible work schedules
  • Being reassigned to another position if necessary
  • Providing you with new equipment or having existing equipment modified
  • Adjusting training materials and policies for employees
  • Making the workplace as accessible as possible

The ADA does not let employers ask you to undergo a medical examination as a condition of receiving employment. A medical examination might be permitted if all other employees in the same job category are required to undergo an exam prior to employment. Employers are permitted to exclude a candidate from a job offer based on a pre-employment screening questionnaire only if the questions are strictly related to the job and not the candidate's disability.

The ADA does not protect employees who use drugs or who are enrolled in a drug abuse treatment program. Drug use is not viewed by the ADA as a disability.

The rights that disabled workers have are just as important as the rights all other workers have, if not more important. These rights should never be infringed upon, but the sad fact of the matter is that workplace discrimination still happens today at workplaces all across New Jersey.

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Costello & Mains, LLC

18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054

Toll Free: 800-421-0212
Phone: 856-291-0642
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