When dealing with a disabled employee, businesses balancing limited resources and competing priorities must ensure they meet legal obligations under the Americans with Disabilities Act (ADA), the New Jersey Law Against Discrimination (NJLAD), and the New Jersey Temporary Disability Benefits (TDB) law.
Although managing the impact of a disabled employee can be difficult, it becomes even more challenging when dealing with mental health-related disabilities, which can require nuanced accommodations.
The Americans with Disabilities Act (ADA)
The ADA, prohibits discrimination against individuals with disabilities and obligates employers to provide reasonable accommodations that allow employees to perform the essential functions of their job.
The New Jersey Law Against Discrimination (NJLAD)
The NJLAD goes beyond the ADA to provide stronger protections for workers with disabilities in New Jersey. Unlike the ADA, which only covers employers with 15 or more employees, the NJLAD applies to all employers in the state, regardless of size.
Like the ADA, the NJLAD requires employers to take proactive measures to provide reasonable accommodations to employees with disabilities. And the NJLAD has broader protections than those covered under the ADA.
NJ Temporary Disability Benefits and Compliance with Legal Requirements
New Jersey’s Temporary Disability Benefits law ensures that eligible employees receive compensation replacement when they are unable to work due to a temporary non-work-related disability, including pregnancy or mental health conditions.
Coordinating TDB leave with other obligations under the ADA and NJLAD can become cumbersome—particularly when employees request leave as an accommodation.
Safe Harbor and Temporary Disability Leave
The concept of “safe harbor” in the context of disability law compliance is essential when dealing with temporary leave as an accommodation. Safe harbor provisions allow employers to demonstrate that they have acted in good faith to assess whether unpaid leave is a reasonable accommodation for an employee’s disability.
Accommodating Mental Health Challenges
Mental health accommodations often require more subtle interventions than for physical impairments and, many times, employers often face challenges obtaining complete information from healthcare providers to fully understand the limitations presented by a mental health diagnosis.
The Importance of Accurate Healthcare Information
Obtaining comprehensive and accurate information from a healthcare provider is critical when evaluating employee accommodation requests, especially when dealing with a mental health issue. There is often a delicate balance between respecting the employee’s privacy and obtaining the necessary details to determine the impact of their disability on workplace performance.
Reasonable Accommodations Versus Undue Hardship
The ADA and NJLAD both require businesses to provide reasonable accommodations to employees with disabilities, so long as doing so does not create an unreasonable level of disruption or financial strain (undue hardship). Businesses need to understand however that claiming “undue hardship” is a challenging and, at times, risky strategy.
Marzano Human Resources Consulting works with clients dealing with the challenges of disability accomodations. Please consider reaching out for a no-cost initial consultation.