Morris County Employment Attorney Handles Failure to Accommodate Claims

New Jersey lawyer helps when employers don’t take reasonable steps to assist workers with disabilities

A physical or mental impairment can present a challenge when you’re at work, but as long as you can still do the job, your employer must make a good-faith effort to address your needs. I am Kevin T. Kutyla, Esq., a Morris County failure-to-accommodate employment attorney. I represent New Jersey workers whose employers have not fulfilled their legal obligation. If you’ve requested a ramp, a schedule adjustment or some other reasonable accommodation, my Succasunna firm can evaluate the facts of your case and advocate for appropriate relief.

Federal and New Jersey laws require employers to provide reasonable accommodations for disabled workers

New Jersey employers must abide by the federal Americans with Disabilities Act (ADA) and the state’s Law Against Discrimination (LAD) when an employee seeks a workplace accommodation. This means businesses have an affirmative obligation to provide assistance to the employee when it is feasible. In fact, the New Jersey Supreme Court has held that no adverse job action, such as firing or demotion, is necessary to support a failure-to-accommodate claim. All that is required is showing that the employer refused to take the reasonable steps needed to keep the employee working safely and comfortably. As an experienced Morris County employment law attorney, I will evaluate the facts in your case and advise if you have a claim under the ADA and/or the LAD.

Examples of workplace accommodations

Each situation where someone seeks a workplace accommodation has unique elements and must be judged on its own merits. One or more of the following accommodation measures may be claimed as necessary:

• Facilities updates, such as the addition of ramps or accessible restrooms
• Flexible schedules, including remote work where possible
• Equipment that makes it possible to complete job tasks despite a physical impairment
• Assistive technology in order to help an employee with a vision, hearing or sensory difficulty
• Policy adjustments relating to absences for treatment, break times and use of service animals

Regardless of the particular accommodations you need to be an effective worker, my firm will assert your legal rights and seek legal relief if your employer refuses to comply with the law.

Both employers and employees have a duty to act in good faith

When an employee requests an accommodation that enables them to continue working, their employer has a duty to respond in good faith. This means that the business must provide accurate information about the resources required to make the change and the resulting effect on the workplace. An unsupported assertion that the proposed accommodation would be too expensive or disruptive violates the law. Likewise, workers need to be honest about their ability to perform their job duties and about the specific accommodations they need. If you think your employer is not being forthright, or if you’ve been accused of making unreasonable demands, I will review the facts and advise you on the best way to proceed.

Steps an employee must take to demonstrate the employer did not comply with the law

Should your employer fail to make the accommodation that you believe is necessary and reasonable, you must demonstrate the following in order to secure a legal remedy:

• You have a disability.
• You are capable of performing the duties associated with your job.
• You asked your employer to make an accommodation so that you could continue to work safely and without discomfort.
• Your employer did not provide the requested assistance even though doing so would not impose an undue hardship on them.

Many of these actions hinge on whether the measure sought by the worker was reasonable. This might require a detailed analysis of various factors associated with the accommodation, including the cost, the size and nature of the business, the time required for implementation and the effect on the overall workplace environment.

Remedies under the ADA for a failure to accommodate

A person who has been victimized by their employer’s refusal to make a reasonable accommodation is eligible for various monetary and non-monetary remedies in an employer discrimination lawsuit. If you were forced to leave your job, you could receive compensation for the back pay you would have earned had you remained in your position, as well as for income you lost because you took a lower-paying job. Victims can also collect attorney’s fees, reimbursement for physical and mental harm resulting from the unlawful discrimination and punitive damages in cases of egregious misconduct. Depending on the circumstances, you could have your job reinstated or obtain an order mandating that your employer provide the requested accommodation. Your employer might also be required to institute policies and/or training designed to avert future violations.

Contact a New Jersey disability discrimination lawyer to discuss your options

Kevin T. Kutyla, Esq in Succasunna represents Morris and Sussex County clients who are unable to work because their employer failed to provide the reasonable disability accommodation required by law. For a consultation, please call 973-940-8970 or contact me online.