New Jersey Reasonable Accommodations Lawyer
We Help Employees With Reasonable Accommodations in New Jersey
Charles Z. Schalk is a top-tier New Jersey reasonable accommodation attorney. As a disabled job applicant or disabled employee in New Jersey, you may be entitled to reasonable accommodation in the workplace under Federal and/or state law. The failure to provide a reasonable accommodation could be a form of disability discrimination. If you have any questions about reasonable accommodations, we are here to help. Contact us today at (908) 526-0707 to set up a strictly confidential, no obligation consultation with an experienced New Jersey employment lawyer.
What is a Reasonable Accommodation?
To start, it is important to understand what the term “reasonable accommodation” actually means. A reasonable accommodation is a modification or adjustment to a job or work environment that allows a qualified person with a disability to perform the essential functions of that job. In other words, it is some type of specific change that allows a person with disabilities to accept and thrive in a position.
To be “reasonable” under the law, an accommodation must not put an undue burden on the employer. What is reasonable will depend, in part, on the nature of the job position and the size of the employer. For example, in some contexts, granting a disabled employee full-time telework may be entirely reasonable. In other words, a job position may simply not be amenable to performance by a remote employee.
Know the Law: LAD and ADA
Disabled workers in New Jersey have protection under both Federal law and state law. Here are the two key statutes that you should be aware of:
- Americans With Disabilities Act (ADA): The ADA mandates that employers provide reasonable accommodations to employees with disabilities unless doing so would cause significant difficulty or expense. It applies to employers with 15 or more employees, covering a broad range of conditions including physical and mental impairments.
- New Jersey Law Against Discrimination (LAD): The LAD requires New Jersey employers to make reasonable accommodations for employees with disabilities unless the accommodation would impose an undue hardship. Unlike the ADA, the LAD applies to employers in the state with one or more employees.
Common Examples of Reasonable Accommodations in the Workplace
By definition, an accommodation for a disabled employee is situation-specific. It should take into consideration a worker’s disability, their functional limitations, and the job duties. Some of the most common examples of reasonable accommodations granted in New Jersey include:
- Flexible Scheduling: Flexible may be granted as an accommodation. Adjusting work hours to accommodate medical needs may be appropriate.
- Modified Equipment: An employee may be provided with specialized desks, chairs, or computer equipment, such as ergonomic keyboards or speech recognition software.
- Physical Modifications: Installing ramps, modifying restrooms, or ensuring wheelchair accessibility to make the workplace more navigable for those with mobility challenges.
- Job Restructuring: To ensure access for a qualified disabled employee, an employer may redistribute marginal job functions that an employee is unable to reasonably perform.
- Remote work: An employer may allow an employee to work from home when their condition might make commuting difficult or they require a more controlled environment.
When Does a Failure to Accommodate Constitutes Discrimination?
Failure to accommodate may be disability discrimination in New Jersey. Broadly speaking, the failure to accommodate becomes discrimination when an employer does not make reasonable adjustments for a qualified employee with a disability and this lack of accommodation prevents the employee from performing essential job functions. Here are three things an employee must prove:
- They have a disability that warrants a reasonable accommodation;
- The employer failed to offer a sufficient accommodation; and
- The employer did not engage in a good faith interactive process to explore accommodation.
Why Trust New Jersey Reasonable Accommodation Lawyer Charles Z. Schalk
Seeking a reasonable accommodation can feel stressful, intimidating, and confusing. It is imperative that you know your rights. A member of the National Employment Lawyers Association, Charles Z. Schalk is a New Jersey employment lawyer with extensive experience handling disability discrimination cases, including reasonable accommodation matters. With a proven history of client testimonials and employment law case results, our firm is devoted to personalized service. Along with other things, Attorney Schalk is ready to:
- Listen to your story and answer questions about reasonable accommodations;
- Investigate the matter—helping you gather any supporting documentation;
- Advise you in reasonable accommodation settlement discussions with your employer; and
- Take action to protect your rights and help you get the accommodation you need.
Reasonable Accommodations On the Job: Frequently Asked Questions (FAQs)
Can I Request a Specific Reasonable Accommodation?
Yes—but the law does not necessarily require an employer to provide the requested accommodation. You can certainly ask for a specific accommodation. If you make a strong case, an employer may opt to provide that specific accommodation. Still, federal and state disability discrimination laws require employers to work toward an effective accommodation. They can satisfy requirements by providing an effective (but not requested) alternative accommodation.
Do I Need to Provide Medical Records to My Employer When Requesting an Accommodation?
Usually, but your employer does not have a right to demand all medical records. Indeed, a job applicant or employer who is requesting reasonable accommodation usually only needs to provide to establish that they have a disability and to substantiate the need for the requested accommodation. The employer may ask for documentation related to the functional limitations that require an accommodation.
Is it possible to Get Multiple Reasonable Accommodations?
Absolutely. You can request multiple accommodations if different aspects of your disability require distinct types of support. Indeed, it is not uncommon for disabled employees to need multiple, sometimes overlapping accommodations in order to access equitable workplace opportunities.
Get Help From Our New Jersey Reasonable Accommodation Attorney Today
Charles Z. Schalk is a New Jersey reasonable accommodation lawyer with the skills and experience to handle the full range of reasonable accommodation cases. If you have any questions about your rights, we are here to help. Call us at (908) 526-0707 or contact us online to arrange your strictly private, no obligation initial case review. Our firm represents employees throughout all of New Jersey.
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