N.J. Admin. Code § 13:13-2.5

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:13-2.5 - Reasonable accommodation

(a) All employers shall conduct their employment procedures in such a manner as to assure that all people with disabilities are given equal consideration with people who do not have disabilities for all aspects of employment including, but not limited to, hiring, promotion, tenure, training, assignment, transfers, and leaves on the basis of their qualifications and abilities. Each individual's ability to perform a particular job must be assessed on an individual basis.

(b) An employer must make a reasonable accommodation to the limitations of an employee or applicant who is a person with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business. The determination as to whether an employer has failed to make reasonable accommodation will be made on a case-by-case basis.

1. Under circumstances where such accommodation will not impose an undue hardship on the operation of an employer's business, examples of reasonable accommodation may include:

i. Making facilities used by employees readily accessible and usable by people with disabilities;

ii. Job restructuring, part-time or modified work schedules or leaves of absence;

iii. Acquisition or modification of equipment or devices; and

iv. Job reassignment and other similar actions.

2. An employer shall consider the possibility of reasonable accommodation before firing, demoting or refusing to hire or promote a person with a disability on the grounds that his or her disability precludes job performance.

3. In determining whether an accommodation would impose undue hardship on the operation of an employer's business, factors to be considered include:

i. The overall size of the employer's business with respect to the number of employees, number and type of facilities, and size of budget;

ii. The type of the employer's operations, including the composition and structure of the employer's workforce;

iii. The nature and cost of the accommodation needed, taking into consideration the availability of tax credits and deductions and/or outside funding; and

iv. The extent to which accommodation would involve waiver of an essential requirement of a job as opposed to a tangential or non-business necessity requirement.

N.J. Admin. Code § 13:13-2.5

Amended by R.2000 d.273, effective 7/3/2000.
See: 32 N.J.R. 1155(a), 32 N.J.R. 2445(a).
Substituted references to people with disabilities for references to handicapped persons throughout; and in (a), substituted a reference to people who do not have disabilities for a reference to non-handicapped persons.
Amended by R.2006 d.13, effective 1/3/2006.
See: 37 N.J.R. 2607(a), 38 N.J.R. 335(a).
In (b)1ii, added "or leaves of absence."
Amended by R.2012 d.039, effective 2/21/2012.
See: 43 N.J.R. 149(a), 44 N.J.R. 505(a).
In (b)3iii, inserted ", taking into consideration the availability of tax credits and deductions and/or outside funding".