The duty to provide \u201creasonable accommodation\u201d to an employee with a disability under the Americans with Disabilities Act (ADA) or the New Jersey Law Against Discrimination (LAD) poses significant challenges and legal risks to employers.\u00a0 Determining when an employee\u2019s request for a workplace accommodation is \u201creasonable\u201d and thus must be accommodated, verses an \u201cunreasonable\u201d one that can be rejected by the employer, is often the subject of costly legal challenges.\u00a0 A recent decision from the New Jersey Appellate Division shows how employers who implement an ongoing \u201cinteractive process\u201d as well as offer reasonable accommodations along the way can successfully defend claims of disability discrimination.<\/p>\n
The Facts:\u00a0<\/strong><\/p>\n Plaintiff Robin Thomas was employed by the New Jersey Department of Corrections (DOC) as a secretarial assistant, a role requiring interaction with co-workers and access to her unit\u2019s files.\u00a0 In 2000, Thomas was diagnosed with an autoimmune disease that was adversely affected by cold and requested a work area without direct exposure to air conditioning. \u00a0The DOC accommodated that request.<\/p>\n