Legal Assistant Sues New Jersey Law Firm for Denial of Disability Accommodation
According to a report from Law 360, Suzanne Smith—a former legal assistant with the law firm James C. Maloney PC—has filed a lawsuit alleging that the firm failed to accommodate her disability. She was diagnosed with ureteral cancer and requested accommodation. She brought a claim for disability discrimination under the New Jersey Law Against Discrimination (LAD). Here, our New Jersey disability discrimination attorney provides an overview of the law for reasonable disability accommodations.
What to Know About LAD, Disability Discrimination, and Reasonable Accommodation
The Americans with Disabilities Act (ADA) is a federal law that bars disability discrimination. It applies to employers with 15 or more total employees. Notably, employees in our state have more comprehensive coverage. The LAD protects employees from disability-based discrimination in the workplace. Under LAD, employers must provide a “reasonable accommodation” to a qualified worker who has disabilities unless doing so would impose an undue hardship. To be deemed qualified, the employee must be able to perform the essential functions of the job. The LAD applies to all employees in New Jersey regardless of their size.
Note: Workers also have the right to request accommodations without fear of retaliation.
Four Tips for Requesting a Reasonable Accommodation in New Jersey
Tip #1: Be Clear and Concise When Making Your Request
You have the right to request an accommodation for a disability under New Jersey law. When doing so, you should be clear and concise. You will need to make the request in writing and you should clearly explain how your condition affects your ability to do your job and what help you need.
Tip #2: Be Prepared to Provide Comprehensive Supporting Documentation
Your employer may ask for medical documentation to support your request. In New Jersey, employers are permitted to seek all relevant medical records related to the accommodation request. Most often, this means you will need a note from a healthcare provider that explains your condition and the type of accommodation that may help.
Tip #3: Be Ready to Engage in an Interactive Bargaining Process
Neither the LAD nor the ADA requires an employer to provide any specific accommodation to a disabled employee. Instead, they must engage in a good faith, interactive bargaining process. The law does not guarantee your preferred accommodation. Still, it does require that your employer makes a meaningful effort to meet your needs.
Tip #4: Take Legal Action if Your Rights are Violated
There are many cases in which employers will provide reasonable accommodation to a disabled worker without a fight. However, unfortunately, that does not always happen. If your employer failed to accommodate you, legal action may be warranted. A disability discrimination lawyer can help.
Call Our New Jersey Disability Discrimination Lawyer Today
At Poulos LoPiccolo PC, our New Jersey disability discrimination attorney is a skilled, effective advocate for clients. If you have any questions about a failure to accommodate case, we are here to help. Contact us today for a fully confidential, no obligation consultation. We handle disability discrimination cases throughout New Jersey.
Source:
law360.com/employment-authority/amp/articles/2325744
