You may have told your employer that a medical condition was affecting your work and asked for a schedule adjustment, medical leave, modified duties, assistive equipment, or another change that could help you continue doing your job.
Instead of discussing the request, your employer may have rejected it, stopped responding, asked for medical information that seemed unrelated to the request, or said that accommodations are not available for your position. You may even have been disciplined for attendance, productivity, or another issue connected to the condition you disclosed.
A denied request does not automatically mean an employer violated the law. Even so, under New Jersey employment law, an employer generally should not reject a disability-related accommodation request based on a blanket rule or unsupported assumption without considering the employee’s limitations, the essential duties of the position, and possible effective accommodations.
What Is a Reasonable Accommodation?
A reasonable accommodation is a workplace adjustment that allows a qualified employee with a disability to perform the essential functions of a job or receive equal access to employment opportunities.
Depending on the employee’s needs and position, a reasonable accommodation may include:
- A modified work schedule
- Periodic breaks
- A change to certain nonessential duties
- Accessible equipment or software
- A modified workspace
- A finite period of disability-related leave, including intermittent leave when appropriate
- Remote work when it would be effective and the position can be performed that way
- Reassignment to a vacant position for which the employee is qualified in appropriate circumstances
Employees are not automatically entitled to the exact accommodation they request. An employer may propose a different accommodation if it would be effective.
Employers also generally do not have to eliminate essential job duties, create a new position, displace another employee, or provide an accommodation that would impose an undue hardship.
Whether an accommodation is reasonable depends on the employee’s limitations, the essential duties of the position, and the effect of the proposed adjustment on the employer.
What Laws Protect New Jersey Employees Who Need Accommodations?
The New Jersey Law Against Discrimination prohibits disability discrimination and generally requires employers to provide reasonable accommodations unless doing so would impose an undue hardship. Unlike the federal ADA, the LAD’s employment protections are not limited to employers with 15 or more employees.
The federal Americans with Disabilities Act generally applies to employers with 15 or more employees. It requires covered employers to provide reasonable accommodations to qualified employees with disabilities unless an accommodation would cause an undue hardship.
The state and federal standards are not identical. The protections and procedures that apply can depend on the employer, the employee’s condition, the essential duties of the job, and the accommodation requested.
Public employees, union members, teachers, and school employees may also have rights under collective bargaining agreements, civil service rules, tenure laws, leave laws, or internal accommodation procedures.
Do You Have to Request a Reasonable Accommodation in Writing?
An employee generally does not have to say “Americans with Disabilities Act” or “reasonable accommodation” to begin the process.
The employee must communicate enough information to let the employer know that a workplace change or adjustment is needed because of a disability or medical limitation. A request can be made orally, although confirming it in writing can help establish what was requested and when.
An employer may ask for reasonable medical documentation when the disability or need for an accommodation is not apparent. That does not necessarily give the employer the right to demand an employee’s complete medical history or unrelated medical records.
The information requested should be limited to what is reasonably necessary to understand the relevant condition or limitation, the resulting workplace restrictions, and the need for an accommodation.
What Should Happen After You Request an Accommodation?
Once an employer understands that an employee may need a disability-related workplace adjustment, the employer and employee should communicate about possible solutions. This is commonly called the interactive process.
The discussion may address:
- The limitations affecting the employee’s work
- The essential functions of the position
- The accommodation requested
- Other potentially effective accommodations
- The expected duration of the accommodation, if known
- Whether supporting medical information is reasonably necessary
The process should be a genuine exchange. An employer should not ignore the request, delay the process without a reasonable explanation, or reject an accommodation based on assumptions about the employee’s condition.
The employee should also participate in good faith, respond to reasonable requests for information, and help evaluate possible accommodations.
A breakdown in the interactive process does not necessarily prove that the law was violated. The larger question is whether an effective reasonable accommodation was available and whether the parties made a good-faith effort to evaluate it.
When Can an Accommodation Denial Raise Legal Concerns?
A denial may deserve closer review when an employer:
- Rejects the request without discussing possible accommodations
- Refuses to consider effective alternatives
- Uses a blanket rule instead of considering the employee’s individual circumstances
- Treats similarly situated employees differently without a clear, legitimate explanation
- Demands medical information unrelated to the accommodation request
- Delays the process without a reasonable explanation
- Continues applying attendance or performance requirements without considering whether a reasonable accommodation could address a known disability-related limitation
- Pressures the employee to resign or remain on leave without considering whether an effective workplace accommodation is available
- Retaliates after the employee requests an accommodation
A request for accommodation does not ordinarily require an employer to erase discipline or excuse misconduct or performance problems that occurred before the request. The employer should, however, consider whether a reasonable accommodation would enable the employee to meet legitimate attendance, conduct, or performance requirements going forward.
An employer generally does not have to approve an accommodation that would eliminate an essential job function or impose an undue hardship. The employer may also offer a different effective accommodation instead of the employee’s preferred option.
Still, the decision should generally result from an individualized review rather than a blanket policy or unsupported assumption.
Can Your Employer Retaliate Against You for Requesting an Accommodation?
Requesting a reasonable accommodation is protected activity. An employer generally cannot punish an employee because the employee requested an accommodation or opposed disability discrimination.
Possible signs of retaliation may include sudden discipline, reduced hours, exclusion from meetings, a negative performance review, reassignment, pressure to resign, or termination following the request.
Timing alone does not prove retaliation. The employer may have a legitimate reason for its decision. The full sequence of events, supporting documents, treatment of other employees, and explanations given by management should be considered together.
What Should You Do After an Accommodation Is Denied?
Consider asking the employer to confirm its decision, the reason for it, and any alternative accommodation offered in writing.
Preserve relevant records, including:
- Your accommodation request
- Medical documentation you provided
- Human resources communications
- Performance records
- The employer’s response
- Any alternative accommodations discussed
Write down when you made the request, who responded, what was discussed, and whether the employer offered another option. Continue communicating with the employer about any limitations affecting your work, and do not ignore a serious health or safety concern merely to avoid conflict.
Keep workplace materials lawfully. Do not remove confidential, proprietary, privileged, or restricted documents you are not permitted to possess.
How Long Do You Have to File an Accommodation Claim?
Filing deadlines can be short.
A complaint with the New Jersey Division on Civil Rights generally must be filed within 180 days of the alleged violation. An LAD lawsuit in New Jersey Superior Court generally must be filed within two years.
The administrative and court processes are not necessarily interchangeable. Filing a complaint with the Division on Civil Rights can affect the ability to pursue the same LAD claim in court, particularly after the agency issues a final determination. An employee should therefore consider both the deadline and the choice of forum before filing.
For employees of covered private-sector employers and many state or local government employers in New Jersey, an ADA charge with the Equal Employment Opportunity Commission generally must be filed within 300 days of the alleged discriminatory act. Different procedures and substantially shorter initial deadlines apply to federal employees. Other deadlines may apply depending on the worker, employer, claim, collective bargaining agreement, or forum.
The correct deadline and the date on which it begins to run depend on the specific events involved. Employees should not assume that an internal complaint, accommodation discussions, a grievance, or continuing communications with the employer automatically extend a filing period.
Speak With a New Jersey Employment Attorney About a Denied Accommodation
Being denied an accommodation can leave you worried about your health, income, benefits, and ability to remain employed. You may not know whether the employer reached a lawful decision or failed to properly consider your rights.
Zazzali, P.C. represents employees, union members, public workers, teachers, and professionals in Newark, Trenton, and throughout New Jersey. The firm’s employment practice includes disability discrimination, retaliation, public employment, and workplace disputes involving unionized employees.
We can review the accommodation request, the employer’s response, the essential duties of the position, the medical information requested, and any discipline or retaliation that followed.
Contact Zazzali, P.C. to speak with a New Jersey employment attorney about a denied reasonable accommodation and the options that may be available.
Disclaimer: This article is for informational purposes only and is not a substitute for legal advice. Reading it does not create an attorney-client relationship. The outcome of any matter depends on its specific facts and applicable law.