New Jersey Workplace Accommodations Counseling For Employers

Workplace accommodations issues tend to be very complicated.  As such, it important for employers to fully understand how to minimize potential liability.  

Understanding the Americans with Disabilities Act (ADA) and Protections Under the New Jersey Law Against Discrimination

Both the Americans with Disabilities Act (“ADA”) and the New Jersey Law Against Discrimination (“LAD”) prohibit discrimination against individuals with disabilities.

Under the ADA, individuals with disabilities:

1.  Have a physical or mental impairment that substantially limits one or more major life activities or
2. Have a history or record of such an impairment or 
3. Are perceived by others as having such an impairment.

“Disability” is broader under New Jersey law.   It includes physical disability, infirmity, malformation, or disfigurement; physical illness or disease; non-physical impairments such as  mental, psychological, or a developmental disabilities that either 1) prevent the normal exercise of any bodily or mental functions or 2) can be shown to exist through clinical or diagnostic tests.  Disability also includes paralysis, amputation, epilepsy, visual/hearing impairments, speech impediments, AIDS, HIV infection, and blood traits.

Both federal and New Jersey law also protect employees from employers who fail to grant reasonable workplace accommodation requests.   

What are Reasonable Accommodations?

In general, under federal and New Jersey law, employer are required to engage in the interactive process with employees with disabilities to determine whether there is reasonable accommodation to assist the employee with the employee’s job functions. However, employers are not required to accommodate the employee if the requested accommodation imposes an undue hardship on the employer.  

Common Reasonable Accommodations for Your Employees

Common types of reasonable accommodations include, but are not limited to, leaves of absence, modification to work schedules, periodic rest, lifting restrictions, reassignment of certain job responsibilities, or purchase of equipment for the workplace.    

How Is A Reasonable Accommodations Request Triggered? 

In general, it is the employee’s responsibility to request accommodations for a disability.  The request may be verbal and need not be in writing.  However, in certain circumstances, an employee is not responsible for making the accommodations request.

Work with a Seasoned Employment Attorney

CMS Employment Lawyers are trusted counselors who help their clients navigate through complex reasonable accommodations issues. Our Employment Lawyers are well versed in reasonable accommodations issues and help businesses avoid liability. If you are in need of assistance from a workplace accommodations attorney, please contact Curcio Mirzaian Sirot LLC.