Attorneys Robert W. Smith and Christopher J. Eibeler

Americans With Disabilities Act

Do you feel that you are being discriminated by your employer because you have a disability? Are you a disabled employee who can perform the essential functions of your job if your employer would provide you with a reasonable accommodation? Is your employer retaliating against you because you are disabled or opposed issues of disability discrimination at your workplace? If the answer to any of these questions is yes, your employer may be in violation of the Americans with Disabilities Act (“ADA”).

The ADA provides legal protections to disabled individuals who have the ability to perform their job duties with or without a reasonable accommodation. In order to be considered disabled under the ADA, an individual must show that they unable to perform “major life activities.” Major life activities consist of manual tasks, physical health (breathing, speaking, walking, learning, and hearing), and impairment (any physical disorder). Physical impairments are defined as any condition relating to neurological, cardiovascular, or special sense organs.

In order to have a claim for disability discrimination under the ADA, the employee must prove that: 1) he or she is disabled under the context of the ADA; 2) he or she has the ability to perform their job functions with or without a reasonable accommodation; and 3) he or she has sustained employment due to his or her disability. The ADA requires that employers provide reasonable accommodations to disabled employees. Employers are not required to provide accommodations that would constitute an undue hardship on their business operations. Cases under the ADA are very fact specific for these reasons.

If you believe your employer is violating the ADA, please contact our office to speak with one of our New Jersey employment attorneys about the facts of your situation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
★★★★★
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
★★★★★
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
★★★★★
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
★★★★★
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
★★★★★
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully