Understanding Disability Discrimination and Requested Accommodations in the Workplace

Disability discrimination in the workplace remains a critical issue, affecting millions of workers across the country. For employees living with disabilities, navigating the workplace can present unique challenges. While many companies strive to foster inclusive environments, discrimination still occurs. Under both federal and New Jersey state laws, it is illegal for employers to discriminate against employees or job applicants with disabilities. Understanding disability discrimination and requested accommodations in the workplace is essential to ensure fair treatment in the workplace.

If you are an employee with a disability, knowing when and how to request accommodations can make a significant difference in your professional experience. Equally important is understanding the legal obligations your employer has once you make a request. This blog will explore understanding disability discrimination and requested accommodations in the workplace.

What Is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee or applicant unfavorably because of their disability. This could include any adverse action. Such as firing, demoting, refusing to hire, or otherwise discriminating against a qualified individual with a disability. It also encompasses situations where an employer fails to provide reasonable accommodations that would allow the employee to perform their job duties effectively. Under the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD), employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. An undue hardship is an action requiring significant difficulty or expense. Taking into account the size of the employer, its resources, and the nature of its operation.

Requesting Reasonable Accommodations

If you have a disability and need adjustments or modifications to perform your job duties, you have the right to request reasonable accommodations from your employer. These accommodations could include anything from modified work schedules, accessible workspaces, assistive devices, or adjustments to policies and procedures. To initiate this process, you should inform your employer. Typically your supervisor or human resources department — about your need for accommodation.

It's essential to communicate clearly about your disability and the specific adjustments you require. You are not obligated to disclose the details of your medical condition. However, providing enough information to support your request is necessary. You may be asked to provide documentation from your healthcare provider that confirms your disability and outlines the accommodations needed. Once you make a request, your employer is required to engage in an "interactive process" with you. This is to determine the most appropriate accommodation. This is not a one-sided conversation. It is a collaborative dialogue intended to explore different options and arrive at a mutually agreeable solution.

The Required Interactive Process

The interactive process is a key component of the accommodation request procedure, and it's where many employers fall short. The law mandates that the employer must engage in an open and honest dialogue with the employee to identify an effective and reasonable accommodation. This process should involve several steps. The first step is for the employer to understand the nature of the employee's disability and how it impacts their ability to perform essential job functions. The employer may ask for clarification or additional documentation to better understand the employee's needs. Furthermore, once the needs are clear, the employer and employee should discuss potential accommodations.

Remember, the law requires that employers provide accommodations that are reasonable, not necessarily the most expensive or burdensome option. After identifying possible accommodations, the employer must evaluate whether these adjustments are feasible and reasonable. They will considering factors like cost, workplace safety, and the impact on other employees. If a particular accommodation poses an undue hardship, the employer should explore alternative solutions. Finally, once both parties agree on an accommodation, the employer should implement it promptly. It is also the employer’s responsibility to monitor the effectiveness of the accommodation and make adjustments if necessary.

Your Rights if an Employer Fails to Accommodate

If your employer refuses to provide a reasonable accommodation or fails to engage in the interactive process, you have the right to take legal action. Disability discrimination is against the law. Employees are protected under the ADA and NJLAD.  Before taking any legal steps, it is often helpful to attempt to resolve the issue internally through your employer’s human resources department. However, if that does not lead to a satisfactory resolution, filing a complaint with the Equal Employment Opportunity Commission (EEOC). Or the New Jersey Division on Civil Rights may be necessary. Additionally, consulting with an experienced employment law attorney can also provide valuable guidance on how to proceed. Lastly, an attorney will help determine if your rights have been violated and assist in filing a lawsuit if needed.

Protect Your Rights with David H. Kaplan Attorney at Law

If you believe you are experiencing disability discrimination or that your employer has failed to provide reasonable accommodations in New Jersey, it's essential to seek legal advice. At David H. Kaplan Attorney at Law, we have over 30 years of experience helping employees fight for their rights in the workplace. We will provide effective, timely, and high-quality legal services so your rights are protected. From your initial consultation to the resolution of your case, David Kaplan handles every case personally. Offering a personalized approach to address your unique needs. Above all, don’t let your rights be infringed upon. Contact David H. Kaplan Attorney at Law today for a free consultation. Let us help you fight for fair treatment and justice in the workplace!