The Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) offer strong protections for workers who suffer from disabilities and need accommodation to perform their jobs. The ADA applies to employers with 15 or more employees, and the NJLAD applies to all employers—with the exception of federal employers—in New Jersey. Under these laws, employers are required to reasonably accommodate qualified individuals who have disabilities.
A qualified individual is one who possesses the skills, experience, and/or education needed for the position they are applying to or that they are in. For example, a certified teacher who becomes injured in an accident and is temporarily unable to walk would be considered a qualified individual with a disability that must be accommodated.
A reasonable accommodation is one that permits the employee to perform their essential job functions and does not impose an undue hardship or burden on the employer. This is a highly fact-specific determination that will depend on the specific nature of both the employee’s disability and their job duties. Here are some typical examples of reasonable accommodation:
Many types of accommodations can be considered reasonable. However, below are some examples of accommodations that are typically not considered reasonable:
The law doesn’t outline any formal or official process to request a workplace accommodation. In many cases, the HR department or your supervisor will be able to assist you. The process for requesting an accommodation is designed to be informal to permit flexibility for both the employer and employee.
The law requires an interactive and collaborative process between the employer and the employee to determine what accommodation is appropriate in any given situation. The employee and the employer are supposed to work together to come up with an accommodation that suits the needs of both parties. You are not required to accept the proposed accommodation from your employer, and your employer is not required to accept the accommodation that you propose. In most cases, this process produces a mutually agreeable solution.
Understand that your employer is not required to provide accommodations that would cause significant financial expense or hardship. There is no hard and fast rule that determines when an accommodation would cause undue hardship; the determination depends heavily on the employer’s resources, the nature of the job, and the specific needs of your disability.
If the collaborative process fails and your employer does not grant a reasonable accommodation, you can seek restitution through the courts. Your attorney can advise you of the best way to file depending on the nature of your claim. If you succeed in your case, a court will typically grant financial compensation in the form of lost wages and benefits. In rarer cases, a court may order your employer to reinstate your position. A court may also impose civil or criminal fines on an employer depending on the nature of the discriminatory conduct.
As of July 1, 2024, domestic workers are among the employees who are protected under the LAD. A domestic worker is someone who provides in-home service to private households, such as nannies, housekeepers, and in-home aides for the elderly. If you are a domestic worker and have a disability that needs accommodation, you now have new and strong protections available to you.
If you believe you’ve been denied the reasonable accommodation you need to perform your job, reach out to a qualified employment attorney. The Mark Law Firm has experience successfully pursuing claims of employment discrimination under the NJLAD. Browse our blog to learn more about your rights in the workplace.