The Township of Montclair complies with the Americans with Disabilities Act (“ADA”), as amended by the ADA Amendments Act (“ADAAA”), the New Jersey Law Against Discrimination (“NJLAD”), and all applicable local fair employment practices laws, and is committed to providing equal employment opportunities to qualified individuals with disabilities. Consistent with this commitment, the Township will provide a reasonable accommodation to disabled applicants and employees if the reasonable accommodation would allow the individual to perform the essential functions of the job, unless doing so would create an undue hardship.
Requesting a Reasonable Accommodation
If you believe you need an accommodation because of your disability, you must request a reasonable accommodation from the Human Resources Department. After receiving your request, the Township will engage in an interactive dialogue with you, including exploring potential reasonable accommodations. The Township will consider the accommodation that you propose, but the Township is not required to make the specific accommodation requested by you and may provide an alternative, effective accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Township.
Medical Information
The Township may ask you to provide supporting documents showing that you have a disability within the meaning of the ADA and applicable state or local laws, and that your disability necessitates a reasonable accommodation. If the information provided in response to this request is insufficient, the Township may require that you see a health care professional of its choosing, at its expense. In those cases, if you fail to provide the requested information or see the designated health care professional, your request for a reasonable accommodation may be denied. The Township will keep confidential any medical information obtained in connection with your request for a reasonable accommodation.
Determinations
The Township makes determinations about reasonable accommodations on a case-by-case basis considering various factors and based on an individualized assessment in each situation. The Township strives to make determinations on reasonable accommodation requests expeditiously, and will inform the individual once a determination has been made. If you have any questions about a reasonable accommodation request you made, please contact Human Resources.
No Retaliation
Individuals will not be retaliated against for requesting an accommodation in good faith. The Township expressly prohibits any form of discipline, reprisal, intimidation, or retaliation against any individual for requesting an accommodation in good faith. If employees or applicants feel that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately to the Human Resources Department.
Employees Covered Under a Collective Negotiations Agreement
The employment terms set out in this policy work in conjunction with, and do not replace, amend, or supplement any terms or conditions of employment stated in any collective negotiations agreement that a union has with the Township. Employees should consult the terms of their collective negotiations agreement. Wherever employment terms in this policy differ from the terms expressed in the applicable collective negotiations agreement with the Township, employees should refer to the specific terms of the collective negotiations agreement, which controls.