Disabled workers in New Jersey enjoy protections under both the federal Americans with Disabilities Act of 1990 (ADA) and the New Jersey Law Against Discrimination (NJLAD). Both laws require employers to provide reasonable accommodations for a disabled employee. But what is “reasonable”? Employers are not required to totally remake a job so a disabled employee can perform it, but questions remain over what is required, and the law is not always clear.
Contact the Law Offices of Usmaan Sleemi to speak with our New Jersey discrimination lawyer. We can review whether your request has merit and discuss next steps.
When Are Accommodations Reasonable?
Whether a requested accommodation is “reasonable” depends on the worker’s duties and workplace, as well as their disability. Here are some common accommodations:
Altering Job Duties or Schedule
An employer might alter non-essential job duties, provide for a flexible work schedule, or modify work hours. For example, a worker with cancer might request time off to receive chemotherapy once a month.
Similarly, a worker with a physical disability might ask if an inessential job duty can be removed, such as lifting a heavy object once a week for an office job. That type of duty is probably not essential to your job.
However, an employer does not have to eliminate essential job functions or create an entirely new job that works for the employee. For instance, a worker who stocks shelves could lose an arm to amputation. An employer is not required to convert their job to a management position that lets the disabled employee work from a desk.
Workplace Adjustments
An employer might also need to adjust the workplace so the employee can perform the essential functions of the job. Some adjustments include providing:
- Ergonomic keyboard or chairs
- Screen readers
- Other assistive devices
- Accessible bathrooms
A key consideration is the cost of the adjustment. It is not the sole consideration, but employers are not required to provide an accommodation that would represent an undue hardship. A court would look at other factors, such as the company’s financial resources and the impact on business operations.
Remedies when You Are Denied an Accommodation Request
An employer cannot deny a reasonable accommodation request. If they do, we can file a claim and request certain remedies:
- Injunction to provide accommodation. You can ask a court to force your employer to grant your request.
- Damages. You might request compensation for damages suffered, such as backpay and compensatory damages for emotional distress.
- Punitive damages. We have requested punitive damages to punish the defendant for intentionally breaking the law.
- Attorneys’ fees. Both state and federal law allow workers to see attorneys’ fees, which makes bringing a legal claim affordable.
These remedies are a powerful incentive for employers to follow the law, and we encourage you to speak with an attorney if you have questions.
Schedule an Initial Consultation with Our Paramus Employment Lawyers
Both New Jersey and federal law have allowed disabled individuals to find and keep jobs. If an employer has denied your accommodation request, contact our Paramus employment discrimination lawyers to discuss what happened.
