Morristown, NJ employment law attorney Chris Lenzo talks about reasonable accommodation of disabilities in the workplace. He explains that in employment law, reasonable accommodation obligations arise in only two primary areas: disability and religious observance. While accommodations for religious observances—such as allowing time off for Sabbath observance—are recognized, he notes that issues surrounding disability accommodations occur far more frequently.

In New Jersey, the law defines disability broadly to include any diagnosable physical, mental, or emotional condition, whether temporary or permanent, severe or minor. Once an employer is aware that an employee has a medical condition affecting their ability to perform essential job functions, the employer has a legal obligation to provide reasonable accommodations.

He clarifies that an accommodation constitutes a modification to the job duties, work schedule, or other terms and conditions of employment that enables the employee to perform the essential functions of the position. Reasonable accommodations do not excuse an employee from performing essential duties. For example, a construction worker who develops a back condition cannot simply be excused from digging ditches, as that is fundamental to the job. However, if an alternative position within the company is available and the employee is qualified, the employer may be required to place them in that role—without displacing another employee.

He further explains that “reasonable” also considers the burden placed on the employer. Employers may assert an affirmative defense by demonstrating that accommodating the employee would impose an undue burden. This could be financial, such as costly architectural modifications for a serious disability, or operational, depending on the workforce structure. For instance, if the employee is the sole individual performing a critical function—such as a CEO—they may not be able to take extended leave without severely disrupting operations. Conversely, in positions with many employees performing the same duties, such as a secretary, it is often feasible to temporarily cover the role while the employee recovers.

He emphasizes that the law balances the employee’s right to reasonable accommodation with the employer’s capacity to sustain operations, and each case must be assessed based on its specific circumstances.