Employment Law Facts

The employment provisions of title I of the ADA apply to private employers, State and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered starting July 26, 1992, when title I went into effect. Employers with 15 or more employees were covered two years later, beginning July 26, 1994.

Employment discrimination is prohibited against "qualified individuals with disabilities." Persons discriminated against because they have a known association or relationship with a disabled individual also are protected. The ADA defines an "individual with a disability" as a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Direct suits are those lawsuits that the EEOC files against an employer alleging a claim of employment discrimination.

Intervention is where the EEOC joins a lawsuit that has been filed by a private plaintiff.

Subpoena enforcement actions may be filed during the course of the investigation of a charge of discrimination where the Respondent refuses to provide information relevant to the charge.

Concurrent refers to those lawsuits in which claims of discrimination are alleged under more than one statute, e.g., Title VII and EPA.

Suits to enforce administrative settlements involve breaches by the Respondents on agreements with EEOC to settle charges during the administrative process.

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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.