Employment Law Terms and Definitions

Title I of the Americans with Disabilities Act Title I of the Americans with Disabilities Act of 1990 (the "ADA"), as amended, 42 U.S.C. §12111, et seq., prohibits discrimination in employment against a qualified individual with a disability because of the disability. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by the ADA or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under the ADA. Individual with a Disability A person who has a physical or mental impairment that substantially limits one or more of that person’s major life activities, has a record of such impairment, or who is regarded as having such an impairment. Human resource management system (HRMS) An integrated software application that supports a variety of human resource functions, including benefits, payroll, recruiting and training, performance analysis, and provides data review and reporting tools. Alternate Dispute Resolution (ADR) A variety of procedures for the resolution of disputes. Each ADR procedure is a fair and efficient alternative to court adjudication that must be entered into voluntarily by all parties. Job Coach A person hired by the placement agency or provided through the employer to furnish specialized on-site training to assist an employee with a disability in learning and performing a job and adjusting to the work environment. Undue Hardship With respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of certain factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Rehabilitation Act of 1973 Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §791, ("Section 501"), requires departments and agencies of the federal government to have an affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities. Affirmative Action Proactive action to accomplish the purposes of a program which is designed to increase the employment opportunities of certain groups, which may involve goals, timetables, or specifically outlined steps to be undertaken to assure that objectives are reached. Equal Employment Opportunity Nondiscrimination in hiring, firing, compensation, promotion, recruitment, training, and other terms and conditions of employment regardless of race, color, sex, age, religion, national origin or disability. Affirmative Action Positive action to accomplish the purpose of a program designed to increase the employment opportunities of certain groups. It may involve goals, timetables, or specifically outlined steps to be undertaken to assure that objectives are reached.

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	Did You Know?
	Laws prohibit the termination of an employee in retaliation for filing a workers compensation claim The Workers’ Compensation statute in one state, NJSA 34:15-39.1 only prohibits the termination of an employee in retaliation for filing a workers compensation claim or for testifying at a workers’ compensation hearing. If you feel you were terminated for these reasons, one alternative is the filing of a discrimination complaint against your employer with the Division of Workers’ Compensation. Then contact our lawyers.