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Reasonable Accomodations

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.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch

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 Attorney Photo
Bruce L. Atkins
Senior Partner

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 Attorney Photo
Adam J. Kleinfeldt

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 Attorney Photo
Debra M. McGarvey

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 Attorney Photo
Carly Skarbnik Meredith

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.…


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