Disabilities shouldn’t be a barrier to employment or career advancement. Thanks to state and federal laws, workers in New Jersey are entitled to reasonable accommodations that enable them to perform their jobs effectively. Whether you’re dealing with a visible or invisible disability, understanding your rights is essential.
This guide will help you navigate the process of requesting accommodations, understand your employer’s obligations, and take action if your rights are violated.
Federal vs. NJ Disability Accommodation Protections
| Category | ADA (Federal Law) | NJLAD (New Jersey Law) |
|---|---|---|
| Employer Size Coverage | Applies to employers with 15+ employees. | Covers all employers, regardless of size. |
| Definition of Disability | Physical or mental impairments that substantially limit major life activities. | Includes ADA definition; broader interpretation of disabilities. |
| Protected Activities | Requests for reasonable accommodations; complaints about discrimination. | Covers requests for accommodations and retaliation protection. |
| Reasonable Accommodations | Required unless it causes undue hardship. | Required unless it causes undue hardship. |
| Filing Deadlines | 300 days to file with the EEOC. | Two years to file under NJLAD. |
| Remedies | Back pay, reinstatement, compensatory damages (caps apply). | Back pay, emotional distress, punitive damages (no caps). |
What Are Disability Accommodations?
Disability accommodations are modifications or adjustments in the workplace that enable employees with disabilities to perform essential job functions.
Examples of Accommodations:
- Flexible work schedules.
- Adjustments to workstations or equipment.
- Remote work options.
- Extended leave for medical treatment.
- Provision of assistive devices, such as screen readers or ergonomic chairs.
Protected Disabilities:
Under the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD), a disability includes physical or mental impairments that substantially limit one or more major life activities.
Your Rights Under the Law
1. Federal Protections (ADA):
- The ADA requires employers with 15 or more employees to provide reasonable accommodations unless it causes undue hardship.
2. NJ-Specific Protections (NJLAD):
- NJLAD applies to all employers, regardless of size, and offers broader protections than federal law.
3. Undue Hardship Exception:
- Employers may deny an accommodation if it poses significant difficulty or expense relative to the size and resources of the business.
Steps to Request a Disability Accommodation
Steps to Request a Disability Accommodation
1. Notify Your Employer:
- Submit your request in writing to HR or your supervisor.
- Clearly state the disability and the specific accommodation needed.
2. Provide Supporting Documentation:
- Be prepared to share medical documentation that verifies your disability and the necessity of the accommodation.
3. Engage in the Interactive Process:
- Employers are required to collaborate with you to identify effective accommodations.
- Be open to alternative solutions that meet your needs.
4. Monitor Implementation:
- Ensure the accommodation is implemented as agreed and addresses the challenges you face.
Common Challenges NJ Workers Face
1. Delayed or Denied Requests:
- Employers may drag their feet in processing accommodation requests or deny them without sufficient justification.
2. Retaliation:
- Workers who request accommodations may face demotions, reduced hours, or hostility.
3. Misunderstanding of Disabilities:
- Employers may fail to recognize invisible disabilities, such as mental health conditions, as eligible for accommodations.
4. Inadequate Accommodations:
- Employers may offer accommodations that do not fully address the employee’s needs.
How to Address Accommodation Disputes
1. Document Everything:
- Keep records of all communications, including emails, letters, and meeting notes related to your request.
2. File an Internal Complaint:
- Report your concerns to your HR department or a higher authority within your company.
3. Seek Legal Advice:
- If your accommodation is denied or you face retaliation, consult with an employment attorney.
4. File a Formal Complaint:
- Submit a claim with the Equal Employment Opportunity Commission (EEOC) or the NJ Division on Civil Rights.
How Swartz Swidler Can Help
1. Free Case Evaluations:
We provide a confidential review of your situation to determine if your rights were violated.
2. Comprehensive Legal Representation:
From filing complaints to pursuing litigation, we’ll guide you through the entire process.
3. Proven Track Record:
Our attorneys have successfully helped workers secure accommodations, recover lost wages, and hold employers accountable for violations.
Contact us today at (856) 685-7420 or visit swartz-legal.com to schedule a free consultation.
Tips for Navigating Disability Accommodations
For Employees:
- Understand your rights under the ADA and NJLAD.
- Be proactive and clear in your accommodation requests.
- Maintain a detailed record of your communications with your employer.
For Employers:
- Train managers on ADA and NJLAD compliance.
- Foster an inclusive workplace culture that values diversity and accessibility.
- Respond promptly and collaboratively to accommodation requests.
Conclusion
Navigating disability accommodations doesn’t have to be a battle. With the right knowledge and support, you can ensure your rights are upheld and your workplace is accessible.
If your employer has denied your request or retaliated against you, Swartz Swidler is here to help. Contact us today at (856) 685-7420 or visit swartz-legal.com for expert legal guidance.
FAQ: Disability Accommodations in New Jersey
1. What qualifies as a disability under NJLAD and ADA?
A disability is any physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or working. NJLAD applies a broader interpretation than the ADA.
2. What are reasonable accommodations?
Reasonable accommodations are adjustments or modifications that enable employees with disabilities to perform essential job functions. Examples include:
- Flexible schedules.
- Ergonomic equipment.
- Extended medical leave.
3. Can my employer deny my accommodation request?
Employers can deny a request if it imposes an undue hardship, meaning it causes significant difficulty or expense relative to the business’s size and resources.
4. How do I request a disability accommodation?
- Notify your employer in writing.
- Clearly explain your disability and the accommodation you need.
- Provide supporting medical documentation if requested.
5. What should I do if my employer denies my request?
- Document the denial and any reasons provided.
- File a complaint with HR or your employer’s internal grievance system.
- Consult an attorney to explore filing a claim with the EEOC or NJ Division on Civil Rights.
6. Can my employer retaliate against me for requesting accommodations?
No. Retaliation for requesting accommodations or filing a discrimination complaint is illegal under both the ADA and NJLAD.
7. How long do I have to file a complaint?
- EEOC (Federal): 300 days from the date of the discriminatory act.
- NJLAD (State): Two years from the date of the violation.
8. How can Swartz Swidler help with my case?
Swartz Swidler offers:
- Free consultations to assess your situation.
- Expert representation in filing complaints and pursuing legal action.
- Proven success in securing accommodations and compensation for workers.
