Individuals who suffer from medical handicaps or disabilities are entitled to reasonable accommodations necessary to perform the essential functions of the job. The employer’s obligation is to provide accommodations that will not impose an undue hardship. The employee must be capable of performing the essential functions of the job if the accommodations are provided.
In order to find out whether an accommodation is necessary and, if so, the type of accommodation that is required, the employer and employee are required to engage in what is known as an interactive process. This process requires the employer and employee to engage in a discussion about what action the employer can take to address the employee’s limitations in an effort to reach a solution to the problem.
If the employer fails to engage in the interactive process, they can be subject to a claim and liability for failing to engage in the interactive process as well as failing to provide the employee with reasonable accommodations. An employer is required to consider the possibility of proving reasonable accommodations before terminating an employee on the basis that their medical handicap or disability prevents the employee from performing their job.
To speak with an experienced New Jersey Employment Law Attorney, contact the Law Offices of Gregory S. Schaer, LLC, conveniently located in Monmouth County, New Jersey.