Employees with disabilities in New Jersey are entitled to request reasonable accommodations to enable them to do their jobs and contribute fully. Nevertheless, many workers hesitate to come forward with requests. Concerns about being treated differently, losing their job or facing negative reactions from colleagues and supervisors may keep them from seeking the support they need. Understanding your rights can empower you to ask for accommodations without fearing retaliation.
A reasonable accommodation is any adjustment to your work duties or environment that allows you to carry out your job responsibilities. Common examples include:
- Flexible work hours or modified schedules
- Working from home or telecommuting
- Specialized equipment, such as ergonomic chairs or assistive technology
- Extra breaks or additional leave time
- Moving to a vacant position for which you are qualified
Employers are required to provide accommodations unless doing so would cause significant difficulty or expense (“undue hardship”). Employers must work with you in good faith to explore workable solutions.
A widespread myth is that asking for accommodations puts your job at risk. In fact, both federal and state laws prohibit employers from retaliating against employees who request reasonable accommodations. Your employer cannot fire, demote or otherwise penalize.
Another misconception is that only the most severe disabilities are protected. However, the New Jersey Law Against Discrimination (NJLAD) extends protection to a wide range of conditions, including mental health issues such as depression and anxiety, as well as chronic physical illnesses.
Some workers are worried they must fully disclose personal and medical information. In reality, you only need to share enough details to justify your need for accommodation. Your privacy is protected, and employers should only ask for the information required to understand and address the request.
Your employer cannot deny you a reasonable accommodation if it will help you perform your job; cannot retaliate against you for making a request and cannot fire or demote you due to your disability.
Follow these best practices for requesting accommodations effectively:
- Document your request — Present your request in writing. Include a short explanation of your limitations (without needing to specify your diagnosis), describe the accommodation sought, and state how it will help you perform your job.
- Provide medical support — A letter from your healthcare provider, focusing on your ability to work and suggested accommodations, can bolster your request.
- Engage cooperatively — Be prepared to discuss and consider different accommodation options with your employer.
- Seek legal guidance if needed — If you experience a denial, lack of response or retaliation, contact a disability discrimination attorney. Strong legal protections are in place to support you.
If you have been subject to discrimination as a result of your disability or perceived disability in New Jersey, the law firm of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack is here to help. Call us today at 551-245-8894 or contact us online to schedule your confidential consultation.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
