The Americans with Disabilities Act (ADA) of 1990 is a groundbreaking law that protects the rights of people with disabilities in the workplace and in many public businesses. Employers may not discriminate against employees or job applicants on the basis of a covered disability, and they may be required to provide “reasonable accommodations” to allow employees to perform their job duties. The statute also bars employers in many circumstances from requiring medical examinations, or making other inquiries regarding medical conditions. The Third Circuit Court of Appeals, whose jurisdiction includes New Jersey, recently ruled on a disability discrimination claim that included alleged violations of the ADA provisions regarding reasonable accommodations and medical inquiries. The court reversed a lower court order dismissing those claims, allowing them to move forward. If you feel your employer is not providing reasonable accommodations in light of your medical condition, it may be to your advantage to contact a New Jersey disability discrimination attorney.
In order for a person to establish that they have a “disability” under the ADA, they must show that their impairment “substantially limits one or more major life activities,” or that they are “regarded as having such an impairment.” 42 U.S.C. §§ 12102(1)(A), (C). A “reasonable accommodation” might include physically modifying the work environment or making adjustments to work schedules. See id. at § 12111(9). An employer commits unlawful disability discrimination when, without establishing that doing so would “impose an undue hardship,” they fail to provide a reasonable accommodation to a qualified employee. Id. at § 12112(b)(5)(A).
Employers may not require employees to undergo medical examinations, nor may they inquire about employees’ medical history or medical conditions, except as specifically authorized by the statutes. The ADA specifically prohibits medical examinations or inquiries intended to determine whether an employee has a disability, or to ascertain “the nature or severity of the disability,” except when an employer can show that it is “job-related and consistent with business necessity.” Id. at § 12112(d)(4)(A).