Legal Question in Disability Law in New Jersey
Is a requirement of ADA that a company negotiate
Bibliography: polio at age 2 Post Polio Sequale now. Requested RA from CO. 3 x's now. Company has not only refused RA's but also refused to negotiate in any form. Isn't it a requirment of ADA that Co. negotiate?? Or is it that they can just refuse without any negotiations. BTW it took CO. 1 year to answer first RA and 3 months to answer other two. RA's were made reagrding snow and ice and company held them until after winter was over thus making request null and void. Should I add this to my EEOC complaint????? Complicated issues Any attorney wish to tackle this pro bono ??
1 Answer from Attorneys
It walks, talks and smells like a contingency case, not a pro bono
You have to do things immediately: find an attorney and file a claim also at your state commission -- if there wasn't a dual filing at EEOC.That is to preserve of your attorney to bring the claim in either the state or the federal system.You're right: The company should have communicated with you about any reasonable accommodations you were seeking, and the issues are complicated. Do you have a doctor? Did your doctor write your employer explaining what your physical limitations were/are? Or did you try to go it alone, i.e., ask the company for an RA without a physician's letter? Your atty will both speak to your doctor and amend any administrative claims (EEOC, State antidiscrimination commission) you have filed.
Oh yes, about money. Because all of these discrimination cases are complicated, most atty's take them on a contingency basis, which means the atty can get a fee if you prevail on your claims.When you sit down and speak to an atty, ask as many questions about fees and costs as you want. In fact, the atty will expect you to ask, so feel free. Then he or she will give you a contract to take home and read and invite you to ask any questions you might have thought of while reading the contract.Don't feel embarrassed that you do not have money for all the legal services you are requesting. Most discrimination claimants do not have the money. They are the ones who are out of work or are often UNDERemployed (employed at a job for which they are overqualified). . . because of the discrimination. Call your local bar association for a referral. Good luck!