Disability Lawyer Arykah Trabosh Failure to Accommodate
Speak to a disability lawyer if your employer has refused to accommodate your disabilities. New Jersey employers have a duty to reasonably accommodate their disabled employees under both federal and state statutes. Under the New Jersey Law Against Discrimination, in order to prove that your employer failed to reasonably accommodate your disability, you must show that you:
- Are handicapped or disabled;
- Are qualified to perform the essential functions of the position of employment, either with or without reasonable accommodation, and if employed, were performing at a level that met the reasonable expectations of the employer; and
- You suffered an adverse employment action because of the handicap or disability.
When an employee requests a reasonable accommodation, their employer has a duty to engage in an interactive process with the employee to determine the exact nature of the accommodation needed. When requesting an accommodation, make sure to provide your employer with a doctor’s note that advises of your disability and details the type of accommodation needed. If you have questions regarding the adequacy of your doctor’s note, call a disability lawyer so they can make sure the doctor’s note complies with the law.
An accommodation can be in many forms, examples include:
- Extended leave of absence;
- Modified work schedule;
- Lifting restriction;
- Ergonomic chairs;
- Light duty;
- Use of a restroom that is closer to your cork station;
- Change in job tasks;
- Provide or adjust work equipment;
- Accessible parking;
- Flexible work schedule; and
- Reassignment to a vacant position.
Unfortunately, some employers do not properly engage in the interactive process and swiftly deny an employee's accommodation request. When this occurs the disabled employee is either terminated, forced to work without the accommodation, or resigns from employment because of the employer's failure to accommodate their disability.
If your employer has refused to accommodate your disability you should immediately contact a disability attorney so that action can be taken on your behalf before you are caused further harm or are terminated.
You Need Proper Representation
Ms. Trabosh is an experienced disability lawyer who offers a free case evaluation so that you can make an informed decision with regard to your legal action. Please call her today at (856) 874-8840 or contact her online to arrange a free consultation.
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