New Jersey Failure to Accommodate Lawyers Protect Employees with Disabilities

Hackensack attorneys help when employers fail to provide needed accommodations

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations in the work conditions of their disabled employees. Whether an accommodation is reasonable for the employer and sufficient for the employee can be a subject of disagreement, but if you need one in your workplace, you can count on reliable legal advice and determined representation from the New Jersey failure to accommodate lawyers of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack.

Employers’ obligation to provide for reasonable accommodation

A reasonable accommodation is a modification or adjustment to a job, work environment or hiring process that enables a person with a disability to get a job and to perform it to the same extent as someone without the disability. The individual must have the necessary education, skills and experience to do the job. An accommodation is not reasonable if it would cause the employer an undue hardship — that is, if it would be overly expensive, difficult or disruptive to implement. If you are a disabled employee, our New Jersey employment lawyers are ready to help you obtain a reasonable accommodation.

What is considered a disability in the ADA?

A disability is a physical or mental impairment that interferes with a major life activity. Examples of disabilities that may entitle you to request a reasonable accommodation include:

• Infirm or paralyzed legs
• Blindness or impaired vision
• Deafness or hearing loss
• Cerebral palsy
• Cancer
• Diabetes
• HIV
• Epilepsy
• Autism
• Post-traumatic stress disorder
• Bipolar disorder

We will advise you on whether you have a disability that your employer can reasonably accommodate.

Types of reasonable accommodation

These among the types of reasonable accommodations that might be adopted in an appropriate case:

• Making existing facilities accessible
• Job restructuring
• Modifying work schedules
• Allowing work from home
• Acquiring or modifying equipment
• Changing tests, training materials or policies
• Providing qualified readers or interpreters

If we represent you, we will work toward securing a reasonable accommodation that is suitable for your needs.

Requesting reasonable accommodation

As a job seeker or employee with a disability, you must make request for a reasonable accommodation. You don’t have to put the request in writing, but doing so and keeping a copy as a record is advisable. Your request should state the disability for which you are requesting an accommodation and explain how the disability impacts your ability to work. You can propose a specific accommodation but the employer doesn’t necessarily have to adopt the one you suggest.

What to do if your employer denies a request for a reasonable accommodation

Failure or refusal to grant a reasonable accommodation is a form of disability discrimination. You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or to Disability Rights NJ, which is the state’s designated protection and advocacy agency under federal law. You may also file a complaint if you suspect that your employer terminated you or laid you off in retaliation for requesting a reasonable accommodation. If your administrative complaint fails to get the result you want, you can sue in court. We will help you file your complaint and, if necessary, to represent you in any ensuing employment litigation.

Contact a New Jersey disability discrimination attorney

If you are disabled and need a reasonable accommodation at work, the experienced attorneys of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, New Jersey can advise and represent you. To schedule a consultation, call 551-245-8894 or contact us online.