Employees don’t have much time to file ADA or New Jersey Law Against Discrimination (NJLAD) disability discrimination claims with the appropriate agency. For failure-to-accommodate claims, the clock starts ticking when the employer ends the interactive reasonable accommodations process.
That’s why employers must nail down that date and tell the employee.
Recent case: Kevin Durham worked as a dispatcher for a utility company until he tookfor a “breakdown” triggered by his bipolar disorder. When he returned, his doctors said he could no longer work rotating shifts.
The company discussed alternatives as accommodations. Then it offered Durham a demotion and informed him that the interactive process was closed.
Durham filed his discrimination complaint more than 300 days after he got notice. The court tossed out his claim. (Durham v. Atlantic City Electric, No. 08-1120, DC NJ, 2010)