Failure to Reasonably Accommodate

As part of its protection of persons with disabilities, religious persons, and pregnant or recent mothers, the New Jersey Law Against Discrimination (LAD) requires employers to provide reasonable accommodations so long as the requested accommodation does not cause the employer undue hardship. 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 you understand exactly what accommodations you need and are interactive in the process of assisting you. If your health care provider or religious clergy is hesitant or confused about writing you a proper note, it is important to involve an attorney so that the request for accommodation can conform with the law. If your employer fires you after failing to accommodate you, that too may be unlawful.

If you are having trouble in the workplace in New Jersey because of your employer’s failure to accommodate you, you should not wait until it is too late to save your job. Our discrimination lawyers can advise you on the proper steps to take to protect yourself. Do not expect to get completely accurate information from your employer’s human resources department. 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.

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Watch our short video on the subject below. Contact us if you have any questions.

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    Contact Schorr & Associates today for more information.