Legal Question in Disability Law in New Jersey

ADA Reasonable Accomodation

I'm a teacher born without use of one hand. I have Handicapped tags from DMV. After 7 years of struggle & pain, I have requested this year to remain in one classroom all day to limit items I must carry between classes. School insists 2 rooms next to each other is reasonable enough despite all other 'walking' & other disabled (ie. 'obese') and about 20 % teachers non-disabled being assigned only 1 classroom for entire day. Does the school have the right to make a judgement that I should be able to deal with this arrangement ? Or does my disabled status afford me the accomodation I feel I need? I could supply a dr's note if required. Thank you.


Asked on 7/25/07, 8:25 am

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: ADA Reasonable Accomodation

It's hard to say from your facts. What we can do for you is, if you e-mail me back, I can send to you a questionnaire designed by the EEOC to investigate whether persons have claims. We can then evaluate it and pursue a claim with the EEOC, if you are interested. They can seek to resolve it and seek money damages. Also, you cannot be fired or retaliated against while you do this. First, however, be sure you complain to the School's Human Resources or equivalent, IN WRITING, and save a copy of your written complaint. Be VERY polite, but explain IN DETAIL to them your problem, outline the "reasonable accomodations" provided to other teachers, and explain what a "reasonable accomodation" would be to you. Be sure to use those phrases. Feel free to call or e-mail me directly. No charge for a consultation.

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Answered on 7/25/07, 9:18 am
Stephania Jason S. Jason & Associates, LLC

Re: ADA Reasonable Accomodation

The first step in getting an accommodation is to get a doctor's note explaining your condition and needs. In particular this note should explain why after 7 years you need this accommodation. If you receive a doctor's note than the school needs to try to work with you to reasonably accommodate you as long as it does not create a hardship for the school. Depending on all the facts, if the school is unwilling to accommodate you may be able to file a suit. If you work in NJ you can sue under the Law of Discrimination and bypass the EEOC. If you would like to talk more about the subject you can send me an email. Often an attorney can get involved without initiating a lawsuit to resolve the situation.

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Answered on 7/25/07, 10:00 am


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