What do you do when your request for reasonable accommodations is denied? You might feel frustrated or discouraged, like your efforts to fully participate at work have hit a wall. But in New Jersey, a denial is not the end of the road. The New Jersey Law Against Discrimination (NJLAD) provides strong protections for employees with disabilities. At Schall & Barasch, we help employees understand their rights and take action when employers say “no.”
Common Reasons For Denial
If your request has been denied, the first step is to ask for a written explanation and keep detailed records of all communications. Documentation helps create a clear timeline and may become critical if you need to pursue legal action.
Employers often cite one of these reasons:
- Undue Hardship: They claim the accommodation would cause significant difficulty or expense.
- Fundamental Alteration: They argue that your request would require eliminating or changing the core duties of your position.
- Insufficient Documentation: They state that the medical or supporting documents you provided weren’t enough to justify the request.
Reassess Your Accommodation Request and Explore Alternatives
A denial doesn’t mean your only option is to give up. Once you know the reason, ask yourself:
- Could the accommodation have created logistical or financial challenges?
- Are there alternative accommodations that could meet your needs without the same obstacles?
Think about solutions like:
- Modified work schedules or remote work options
- Assistive technology or ergonomic equipment
- Adjustments in how tasks are organized or assigned
Remember: under NJLAD, your employer must engage in a good-faith “interactive process” to explore workable options. That means you can go back to the table and suggest alternatives that may better address your needs.
Stay Professional and Persistent
It’s natural to feel frustrated, but professionalism matters. Continue to perform your job to the best of your ability while advocating for accommodations. Remaining calm, persistent, and solutions-oriented strengthens your credibility and your position if the matter escalates.
When to Contact a Lawyer
You should reach out to an experienced New Jersey employment attorney if:
- The denial feels unjustified or discriminatory.
- Your employer refuses to participate in a meaningful interactive process.
- You face retaliation for requesting an accommodation.
How Schall & Barasch Can Help:
If your request for a reasonable accommodation has been unfairly denied, we can help. Our team will:
- Evaluate whether your employer’s denial complies with the NJLAD.
- Advise you on the best next steps, whether that’s negotiation or legal action.
- Advocate for your rights in settlement discussions or in court.
With decades of experience representing employees in New Jersey, Schall & Barasch has the expertise to fight for the accommodations you need to succeed at work.
Don’t give up after a denial. Contact us today to learn how we can help protect your rights.