The New Jersey Law Against Discrimination (N.J.S.A. 10:5‑1 et seq.) applies to all New Jersey employers, regardless of size—even those with just one employee. The law protects workers from discrimination based on disability, religion, pregnancy, and more. Key definitions include “disability,” which covers physical, mental, psychological, and developmental conditions, as well as pregnancy-related needs. “Reasonable accommodation” means any change to the work environment or typical processes that would allow an employee to perform their essential job functions or enjoy equal workplace benefits, unless it would pose an undue hardship to the employer.
Under the New Jersey Law Against Discrimination, employers must make reasonable accommodations for employees with disabilities, employees who are pregnant or breastfeeding, and those with sincerely held religious beliefs. Examples of adjustments include providing modified work schedules, altered job duties, assistive devices, or time off for medical treatment. For pregnant or breastfeeding employees, accommodations might involve periodic rest, more frequent bathroom breaks, or a private location for expressing milk. Employers may only deny an accommodation if they can prove it would create significant difficulty or expense relative to the size, resources, and business needs of the organization.
When an employee asks for an accommodation, employers have a duty to engage in a good-faith interactive process. There is no strict statutory response deadline, but prompt communication is critical to avoid claims of delay or inaction. Employers may request documentation if the need for accommodation is not obvious, but should limit paperwork to what is necessary for substantiating the request. Ongoing dialogue with the employee helps identify effective solutions and addresses any barriers. The law expects flexibility—protracted delays or blanket denials without true consideration may be seen as violations.
Employees or applicants who believe their accommodation rights have been violated can file a complaint with the New Jersey Division on Civil Rights (DCR) or pursue their claims in court. The DCR investigates discrimination complaints and may order employers to provide remedies, such as job reinstatement, back pay, or policy changes. Civil penalties for violations can be substantial—up to $10,000 per offense for a first violation, and increasing for subsequent ones. Legal costs and reputational risks are also important considerations for employers.
Managing accommodation requests under New Jersey Law Against Discrimination (N.J.S.A. 10:5‑1 et seq.) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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Make the reasonable-accommodation process welcoming by communicating clear procedures to all employees. Assign a specific HR manager or coordinator to handle accommodation requests, so employees know exactly whom to contact. Respond to requests as quickly as possible—even if you need more time to gather information, acknowledge receipt right away. Common pitfalls include requesting overly broad medical documentation or rejecting accommodations without thorough analysis. Train your management team to recognize accommodation requests and initiate the interactive process without delay. Keeping detailed records of all steps taken will help demonstrate compliance in the event of an audit or complaint.
