New Jersey employment law on disability prohibits employers from discriminating against the disabled. New Jersey discrimination laws also places a duty on an employer to provide a reasonable accommodation to a disabled employee. The employer must make a reasonable accommodation for a disabled employee unless the employer can show that the accommodation would impose an undue hardship.
A reasonable accommodation can mean many things. A reasonable accommodation for a disability can include job restructuring, part-time or modified work schedules, or job reassignment. An employer must consider a reasonable accommodation before firing a disabled person on the grounds that his or her handicap prevents job performance.
Under New Jersey employment laws, a request for a disability accommodation does not have to be in writing or even use the phrase “reasonable accommodation.” A disabled employee can use plain English in making the request for a reasonable accommodation.
Once an employee makes a request for a disability accommodation, both the employee and employer have to try to assist in the search for an appropriate reasonable accommodation. This is called the interactive process. An employee can bring a claim under New Jersey discrimination laws if the employer fails to participate in the interactive process.
To win a claim under New Jersey employment laws, an employee must show that the employer knew about the employee’s disability, the employee requested a disability accommodation, the employer did not make a good faith effort to assist the employee in identifying accommodations, and the employee could have been accommodated but for the employer’s bad faith.
If you are disabled and your employer has failed to accommodate your disability, you may have a claim under New Jersey Discrimination Laws. The Law Offices of Ronald J. Wronko, LLC routinely handles failure to accommodate cases. Mr. Wronko resolved a disability discrimination case in Jersey City, New Jersey for $265,000. He also resolved a failure to accommodate case in New Brunswick, New Jersey for $225,000. Please contact Ronald J. Wronko, Esq. at (973) 360-1001 for an initial consultation.