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A lot of people suffer from disabilities that make it difficult or even impossible for them to go about daily life activities. But, just because an individual has a disability doesn’t mean they cannot be employed. Instead, workers with disabilities have a lot of workplace protections under both New Jersey and federal law. For instance, a disabled worker should be provided with reasonable workplace accommodation that lets them complete their job duties. Employers who fail to offer this accommodation can be held liable for it. If you experience this type of workplace discrimination, you may be able to recover damages. Experienced attorneys who specialize in employment discrimination in New Jersey can develop compelling arguments for you to help you pursue any damages you may be owed.
Understanding Reasonable Accommodations for Workers with Disabilities
Workers who have disabilities are protected under both the New Jersey Law Against Discrimination (LAD) and the Americans with Disabilities Act (ADA) from workplace discrimination. Under both laws, employers must make reasonable accommodations for their disabled workers’ limitations, so they can perform their job duties. But, employers who can show that offering an accommodation would cause the business operation to suffer an undue hardship may not be held accountable under the laws.
Every New Jersey employer should at least take into account whether a reasonable accommodation is possible before they demote, refuse to hire or terminate a worker based on the fact that their disability would prevent them from doing their job. In fact, employers must initiate a good-faith interactive process with their employees to think about various accommodation options. Examples of reasonable accommodations include modifying schedules or allowing for leaves of absence, getting devices that make the job of the disabled worker easier, and making facilities accessible.
What to Do if an Employer Fails to Offer Reasonable Accommodations?
A disabled worker who has been denied a reasonable accommodation can file a civil lawsuit to recover damages. After they establish that they were unfairly denied a reasonable accommodation in the workplace they may be awarded damages for lost wages, attorney’s fees, emotional distress, and punitive damages in some cases.
Under state and federal laws, employers should not discriminate against disabled workers; however, they have a duty to offer disabled workers reasonable accommodations. If you are an employee with a disability and have been denied this accommodation to perform your job, you can consult a lawyer to evaluate whether you have a viable claim for damages. Your lawyer will collect any evidence to support your claim to help you pursue your desired outcome.
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