As a person with a disability, you may need an accommodation at work or during the application process. Here’s a practical guide on how to request accommodations under the New Jersey Law Against Discrimination (NJLAD).
Your Rights Under NJ Law
Under the NJLAD, employers are legally required to provide reasonable accommodations to employees and job applicants with disabilities, unless doing so would create an undue hardship for the business. This protection applies not only once you are employed, but also during the hiring process. Importantly, New Jersey law often provides broader protection than federal law under the Americans with Disabilities Act (ADA).
Asking for What You Need
You don’t need to use special legal words like “reasonable accommodation” to trigger your employer’s obligation. Even saying something as simple as, “I’m having a hard time with [specific task] because of my disability,” is enough to begin the process. That said, putting your request in writing is smart. A written request gives you a clear record of what was asked, what was said, and what was agreed to. Your employer may request a more formal request, possibly even medical documentation, and that’s okay. The benefit of a formal request is that it helps you keep track of what’s asked, what’s said, and what’s agreed to.
Making A Formal Request
When preparing a written request:
- Provide specific examples of job tasks that are challenging due to your disability and explain how the proposed accommodation would assist you.
- Use clear and direct language. For example:
- “Due to my [specific disability], I am experiencing difficulty with [specific task].”
- “To ensure I can effectively perform the essential functions of my role, I would like to request a reasonable accommodation.”
- “I believe that [specific accommodation, e.g., a different chair with lumbar support] would allow me to better manage my [specific limitation] and improve my productivity.”
- Show openness and flexibility by stating that you’re willing to discuss alternative solutions. This demonstrates a collaborative approach.
Participating in the Interactive Process
Once you make a request, the NJLAD requires your employer to engage in an interactive process with you. This means they must talk with you in good faith to understand your needs, consider your proposed accommodations, and explore alternatives if necessary.
Your employer cannot simply ignore or reject your request outright without considering alternative options. They may raise concerns about cost or feasibility, but that should lead to further discussion, not an end to the conversation.
Examples of Reasonable Accommodations
Reasonable accommodations can vary widely, depending on the situation. Some common examples in New Jersey workplaces include:
- Modified work schedules or breaks for medical treatment
- Remote or hybrid work arrangements
- Assistive technology or specialized software
- Physical modifications to the workspace (e.g., ramps, ergonomic chairs, adjustable desks)
- Job restructuring or reassignment to a vacant position
Final Thoughts
With the protections of the NJLAD, you don’t have to hesitate to ask for the accommodation you need to thrive at work. By making your request clear, documenting it in writing, and actively participating in the interactive process, you can often reach a mutually beneficial resolution.
If your employer refuses to consider your request or fails to engage in the interactive process, you don’t have to face it alone. At Schall & Barasch, we’ve helped countless New Jersey employees secure the accommodation they need to succeed at work. Contact us today to discuss your rights and how we can help.