Failure to Reasonably Accommodate

image_accommodation2As part of its protection of persons with disabilities, the New Jersey Law Against Discrimination (LAD) requires employers to provide reasonable accommodations for persons who suffer a disability so long as the requested accommodation does not cause the employer undue hardship. It does not matter whether the disability was work-related or personal, and it does not matter if the disability was caused by injury or illness.

Reasonable accommodations can take many forms. It can be for special equipment, such as an ergonomic chair, or it can be for mundane requests, such as permission to use a closer restroom or for the computer screen to have a larger font. An employer is also required to provide additional time off, so long as the employer does not suffer undue hardship in providing such additional leave. It is important to note that leave under the LAD can be longer than the leave provided by the Family and Medical Act (FMLA).

It is important that your physician or mental health provider understand exactly what accommodations you need and are interactive in the process of assisting you. If your health care provider is hesitant or confused about writing you a proper note for your disability, it is important to involve an attorney so that the request for accommodation can conform with the law.

Schorr & Associates has had many successful outcomes and victories in failure to accommodate claims and legal victories in the Federal and Appellate Courts, including Leshner v. McCollister Transport. Alan H. Schorr also frequently lectures on discrimination matters and has written published articles on the subject. Many of these cases are handled on a contingent fee basis (no fee unless recovery). Please call or e-mail now for a free initial telephone consultation.

 

   Schorr & Associates, P.C.    
     5 Split Rock Drive      Cherry Hill,      NJ      08003    
   Phone: 856-874-9090    URL of Map