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:

  1. Are handicapped or disabled;
  2. 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
  3. 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.

Disability Lawyer

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.

Additional articles by disability lawyer Arykah Trabosh

Flu vaccine

Health workers can say goodbye to a religious exemption from the flu vaccine.

New Jersey has recently passed flu vaccine legislation that does not permit healthcare workers to opt out of an employer’s mandated flu vaccine policy based upon the employee’s religious beliefs. In previous years, health care workers were afforded this exemption. This year vaccines are seen as even more important for health care workers and the…

Depending on your job, working from home may not qualify as a reasonable accommodation.

Depending on your job, working from home may not qualify as a reasonable accommodation.

Credeur v. State of Louisiana, 2017 U.S. App LEXIS 11269 (5th Cir., Jun. 23, 2017) The U.S. Court of Appeals for the 5th Circuit recently upheld a grant of summary judgment, agreeing with the court below that the Plaintiff could not perform an essential function of her job – regular attendance. Credeur was employed by the Office…

legal rights for pregnant employees - pregnant woman silhouette

Contact an attorney if your employer tells you it does not have to offer you light duty, chances are they are wrong.

This post comes from my very own filing cabinets and is a look at legal rights for pregnant employees, it involves an employer’s policy to only offer light duty to employees who have suffered a worker’s compensation injury. According to AtlantiCare’s website, it is one of our region’s largest healthcare organizations and employs over 5,100…