Can You Get Remote Work as a Reasonable Accommodation in New Jersey?
The New Jersey Law Against Discrimination (LAD) and the Americans With Disabilities Act (ADA) protect disabled job applicants and employees against discrimination in the workplace. A worker may be entitled to a reasonable accommodation under the LAD and/or ADA. You may be wondering: Can remote work be a reasonable accommodation for a disability? The short answer is “it depends.” Here, our New Jersey employment lawyer provides an overview of the key points that you need to know about getting remote work as a reasonable accommodation.
What You Will Need to Show to Get Remote Work as a Reasonable Accommodation
- A Qualifying Disability Under the Law
First and foremost, you need to prove that you are disabled for the purposes of the law (LAD and/or ADA). A disability could be a physical, mental, or emotional impairment that substantially limits one or more major life activities. To be clear, a diagnosis alone is not always enough. You must show how the condition impacts your ability to perform your job. Medical documentation is a must.
- You Can Perform the Essential Functions of Your Job
Employers are not required to eliminate essential job duties to accommodate you. If you cannot perform the essential functions of the job, then you are not “qualified.” To get approval for remote work, you must prove that you can still carry out the core responsibilities of your position from home.
- That Remote Work is a Reasonable and Effective Accommodation
The requested accommodation must be reasonable and must actually help you do your job. If remote work enables you to manage your disability without causing undue burden to the employer, it may be deemed reasonable. You should be ready to explain why working remotely is necessary for your condition and how it will improve your ability to work. A letter from your healthcare provider can be powerful support.
- That Remote Work Will Not Cause Undue Hardship to Your Employer
To be clear, employers in New Jersey, employers are not obligated to grant accommodations that create significant difficulty or expense. You may need to address concerns about collaboration, supervision, or access to workplace resources. The employer can consider cost, workplace disruption, and the impact on operations. The more you can show that remote work can be implemented with minimal disruption, the stronger your case.
Employers are Not Required to Provide Any Specific Accommodation
A key point that disabled employees in New Jersey should be aware of is that employers are not legally obligated to grant your preferred accommodation. Unfortunately, that includes remote work. Instead, they only need to provide an effective accommodation that allows you to perform your essential job functions. As long as the employer engages in a good-faith interactive process and offers a reasonable alternative, they meet their legal obligations even if they offer an alternative (non-remote work) accommodation.
Consult With Our New Jersey Disability Discrimination Attorney
At Poulos LoPiccolo PC, our New Jersey disability discrimination attorney provides solutions-focused guidance and support to employees. If you have any questions about seeking remote work as a reasonable accommodation, we are here to help. Contact us today for a fully confidential, no obligation initial consultation.
