Under New Jersey law, reasonable accommodations must be made for employees with disabilities. Whether a formal request or in just plain English, a request to restructure a job, modify a work schedule, or honor a leave of absence must be granted to a disabled employee unless the employer can prove that the accommodation would cause undue hardship.
What exactly does this mean and what laws are in place to protect both sides of the equation? To ensure the law is followed, here are some guidelines that will establish a clear course of action for reasonable accommodations.
What Laws Guide This Process?
First, it is important to recognize several governing bodies that have a voice in protecting the rights of disabled employees. The Americans with Disabilities Act (ADA) is a federal law that gives disabled individuals an opportunity to compete in the workplace and hold a job the same as their able-bodied counterparts. The law focuses on applying the same performance standards to ensure that disabled employees are reasonably accommodated to be able to meet the requirements of a position to the best of their ability.
In New Jersey, an added layer of protection known as the New Jersey Law Against Discrimination (NJLAD) is said to be some of the “broadest and most expansive laws protecting employees with disabilities in the country,” according to the New Jersey Attorney General’s Office. While both laws aim to protect disabled employees, NJLAD is said to give employees more rights and more protection. As an example, ADA guidelines apply to establishments with 15 employees or more while NJLAD covers businesses even if they have only one employee.
What are the Proper Steps to Follow?
There are three kinds of reasonable accommodation requests:
- To change the job application process
- To change the way the job is performed
- A change to enjoy the same benefits as those without disabilities
Once a reasonable accommodation request is made, an employer and employee engage in an “interactive process” in which both parties meet to determine how a disability hinders the ability to do a job and what modifications could be implemented to overcome the obstacles.
If an accommodation would cause undue hardship on the business, an employer can deny the request. Key factors in determining whether it is an undue hardship are the size of the business, the number of employees, the impact of the accommodation on the facility’s operation, and the size of the budget. If it is determined the costs to the employer outweigh the benefit, the request can be denied. It is also important to note that the duration of the accommodation requested can be a factor. For example, if a disability is not permanent, or rather, the result of recovering from surgery or an injury, an employee might garner an accommodation for a short period of time.
To be considered discrimination, an employee must prove that the employer knew about the employee’s disability, the employee made a reasonable accommodation request, and the employer did not act in good faith in finding a resolution to make accommodations for the employee.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Can Help You Figure Out if Your Employer Stopped Short in Upholding Your Request for Accommodation
Discrimination due to a disability in the workplace is determined on a case-by-case basis. South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC can help to interpret the law and apply it to your situation. Call 856-235-7075 or fill out our online form for a free consultation. Our offices in Mount Laurel, Atlantic City, and New Jersey proudly serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.