Living with a disability presents unique challenges, and navigating the workplace can be one of the most significant. You are a capable and dedicated employee, but you may need some adjustments to your work environment or schedule to perform your job to the best of your ability. The law recognizes this and requires employers to provide reasonable accommodations for employees with disabilities. So, when you summon the courage to ask for an accommodation and your employer denies your request without a valid reason, it can be incredibly disheartening and frustrating. It can make you feel like your needs don’t matter and your contributions are not valued.
If you have been denied a reasonable accommodation in New Jersey, it is important to know that you have rights and you have options. The Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) provide powerful protections for employees with disabilities. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher we are passionate advocates for the rights of disabled employees. We can help you fight for the accommodations you need and deserve.
Understanding Your Right to a Reasonable Accommodation
Under the ADA and NJLAD, an employer is required to provide a reasonable accommodation for the known disability of a qualified employee, unless doing so would cause an “undue hardship” for the employer. Let’s break down what that means:
- Disability: The definition of disability is broad. It includes any physical or mental impairment that substantially limits one or more major life activities. This can include a wide range of conditions, from mobility impairments and chronic illnesses to mental health conditions like anxiety and depression.
- Qualified Employee: A qualified employee is someone who can perform the essential functions of their job, with or without a reasonable accommodation.
- Reasonable Accommodation: This is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. Examples include modifying work schedules, providing special equipment, restructuring a job, or reassigning an employee to a vacant position.
- Undue Hardship: This is the only legal reason an employer can deny a reasonable accommodation. An undue hardship is an action that would require significant difficulty or expense for the employer. This is a high standard to meet, and an employer cannot simply claim it is too much trouble.
The Interactive Process: A Mandate for Employers
When an employee requests an accommodation, the law requires the employer to engage in a good-faith “interactive process.” This is a conversation between the employer and the employee to determine the nature of the employee’s limitations and to identify a potential accommodation that would be effective. An employer cannot simply say “no” to your request without engaging in this process.
During the interactive process, your employer may ask for medical documentation to confirm your disability and the need for an accommodation. This is permissible, but the request must be reasonable and limited to the information necessary to evaluate your request.
If your employer has refused to discuss your request, has unreasonably delayed the process, or has denied your request without a valid reason, they may have violated the law.
What to Do if Your Accommodation Request Is Denied
If your employer denies your request for a reasonable accommodation, you should not give up. Here are the steps you should take:
- Ask for the Reason in Writing: Ask your employer to provide you with a written explanation for the denial. This can be important evidence later on.
- Document Everything: Keep a detailed record of all your conversations with your employer about your accommodation request. Save all emails and other communications.
- Propose Alternative Accommodations: If your initial request was denied due to undue hardship, try to propose alternative accommodations that may be less burdensome for your employer but would still be effective for you.
- File an Internal Appeal: If your company has a formal process for appealing HR decisions, use it.
- Consult with an Attorney: If you are unable to resolve the issue internally, you should contact an experienced employment law attorney. An attorney can help you understand your rights, assess the strength of your case, and determine the best course of action.
You Have the Right to a Workplace Where You Can Thrive
Being denied a reasonable accommodation can feel like a rejection of you as a person. It can make you feel like a burden on your employer, when all you are asking for is the tools you need to do your job. This is not a feeling you have to accept. The law is clear: you have a right to a workplace that is free from disability discrimination and where you can perform your job with dignity.
At our firm, we are committed to fighting for the rights of employees with disabilities. We know how to hold employers accountable for their legal obligations and to get our clients the accommodations they need to succeed. We understand the courage it takes to stand up for your rights, and we will be with you every step of the way.
If you have been denied a reasonable accommodation, we urge you to contact us for a free and confidential consultation. Let us help you fight for the fair and equal treatment you are entitled to under the law.
Frequently Asked Questions (FAQ)
Q: Do I have to tell my employer the specifics of my medical condition?
A: You do not have to disclose your entire medical history. However, you do need to provide enough information for your employer to understand that you have a disability-related limitation that requires an accommodation. A note from your doctor that explains your restrictions and suggests an accommodation is often sufficient.
Q: What if the accommodation I requested is too expensive for my employer?
A: If a specific accommodation would cause an undue hardship (significant difficulty or expense), your employer is not required to provide it. However, they are still obligated to work with you to find an alternative accommodation that is effective and does not pose an undue hardship. They cannot simply do nothing.
Q: Can I be fired for requesting a reasonable accommodation?
A: No. It is illegal for your employer to retaliate against you for requesting a reasonable accommodation. If you are fired, demoted, or otherwise punished for making a request, you may have a separate claim for unlawful retaliation.