The crux of the duty not to discriminate often defaults to the duty to provide reasonable accommodation.
The ADA prohibits private employers with 15 or more employees, state and local governments and labor unions from discriminating against qualified individuals with disabilities in all terms and conditions of employment. The statute also requires employers to reasonably accommodate disabled employees who are otherwise qualified for their positions. State ADA laws are similar and may be tougher in some cases. This video reviews the eligibility of employees and the different types of impairment; and discusses reasonable accommodation and the interactive process.
Mark E. Tabakman, Esq.
Fox Rothschild LLP
- Labor and employment partner in the Princeton office of Fox Rothschild LLP
- Represents clients before National Labor Relations Board, responds to union organizing drives, defended numerous arbitrations, discipline/contract interpretation
- Handles/responds to strikes, picketing situations
- Practice emphasizes all aspects of wage and hour law, including the representation of more than 200 clients before the United States and many state Departments of Labor on misclassification, white collar exemptions, independent contractor, working time, construction industry, Davis Bacon, prevailing wage cases and other issues
- Frequent guest speaker on wage hour and employment law issues and has appeared on local and national television programs commenting on these matters; wrote a weekly column on labor and employment issues titled "Making the Law Work"
- Advises clients on FMLA/ADA issues, defends/litigates FMLA and ADA cases in federal and state court
- Included in the list of New Jersey Super Lawyers in the field of labor and employment, 2013-2016; and in Super Lawyers business edition in the area of employment and labor law, 2013
- J.D. degree, Rutgers University School of Law; B.S. degree, Cornell University
- Can be contacted at 973-994-7554, [email protected] or Twitter® @njwagelaw
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