Employment Law Terms and Definitions

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. 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. Uniformed Services Employment and Reemployment Rights Act The Uniformed Services Employment and Reemployment Rights Act seeks to ensure that members of the uniformed services are entitled to return to their civilian employment upon completion of their active duty military service. Full Time Employment Defined by the U.S. Bureau of Labor Statistics as employment of 35 hours or more in a week. 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. 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. Racial Profiling Wrongful and hurtful judgments about an individual or group based solely on their ethnicity or color of their skin; actions based on racial prejudice. 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. 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. 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.

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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.