Reasonable Accommodation
The Americans with Disabilities Act and the New Jersey Law Against Discrimination (NJLAD) not only prohibit employers from discriminating against disabled employees, but they also impose upon employers a critical affirmative duty – the obligation to provide “reasonable accommodation” to disabled employees so as to allow them to remain gainfully employed despite the limitations imposed by their disability.
A “reasonable accommodation” is exactly what it sounds like – any accommodation or assistance an employee may need to allow him or her to continue to successfully perform a job. The only limitation is that the accommodation not impose an “undue hardship” on the employer.
Reasonable accommodations can be something as simple as providing a chair for the employee to sit on, or something much more complex such as restructuring a job to take away certain duties the disabled employee can no longer perform; allowing the employee to work on a reduced or modified schedule; or even allowing the employee to work from home.
Over their combined 40 years of practice, attorneys Richard Schall and Patricia Barasch have handled many reasonable accommodation cases, including Seiden v. Marina Associates, the very first case in the State of New Jersey to clearly address the framework the courts should use to analyze reasonable accommodation cases.
At Schall & Barasch, we enjoy the challenge of tackling the most complex legal issues, taking on the biggest corporations in New Jersey along with their law firms, and standing up for the rights of our clients to be free from disability discrimination in the workplace. If you believe you have been denied reasonable accommodation, please contact our firm by completing the on-line Questionnaire accessible on every page of our website.

