New Jersey Failure To Accommodate Disability Lawyer
There are federal and state laws that protect the right of New Jersey residents to seek reasonable accommodation for their disability from an employer or prospective employer. Unfortunately, many employers do not take these legal obligations seriously. In many cases, an employer may unreasonably refuse a requested accommodation or even fail to engage in good-faith negotiations with an employee over their request.
An experienced New Jersey disability discrimination lawyer can help you in these situations. At Poulos LoPiccolo PC, we represent individuals who face illegal disability discrimination. We can work with you in seeking a reasonable accommodation from your employer–and if necessary engage in litigation to vindicate your legal rights.
What Is Considered a “Reasonable Accommodation” Under New Jersey Law?
The federal Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (LAD) both prohibit employment discrimination on the basis of a disability. In this context, disability discrimination includes failure to make a “reasonable accommodation” for an employee’s disability. What is considered “reasonable” will obviously depend on the specific circumstances, but in general you can ask your employer to do any of the following:
- restructuring your job in some way, such as by modifying your work schedule;
- granting additional unpaid leave to seek medical treatment;
- modifying training materials, sch as the time necessary to take an exam;
- making your work space more usable, such as by modifying your desk or installing special equipment;
- hiring interpreters or readers to assist you; or
- transferring to another location to better meet your need for medical care.
Note that neither the ADA nor the LAD requires your employer to grant any disability-related accommodation that you request. But when you do make a request, the employer must engage in a good-faith interactive process with you to find some way of accommodating you. An employer’s refusal to engage in this process is itself a form of illegal disability discrimination.
Of course, many employers are savvy enough to avoid outright refusal. In many cases an employer will try to hide behind a number of legal excuses, such as that providing an accommodation would provide an “undue hardship” to its business or that you are asking for a modification to an “essential function” of your job. By working with an attorney who is knowledgeable in New Jersey disability discrimination law, you can help combat these tactics and help compel your employer to actually engage in a good-faith negotiation over your legitimate needs in the workplace.
Disability Discrimination Lawyers Serving Ocean, Monmouth & Middlesex County
While there is no guarantee that your employer will ultimately accommodate your disability-related request, that failure should not be due to a lack of due diligence on your part. A qualified New Jersey employment lawyer can offer you advice and representation when dealing with a reluctant employer. So if you are having issues with a current or potential employer and need to speak with someone, contact Poulos LoPiccolo today and schedule an initial consultation with a member of our team.