Cranford, NJ asked in Employment Discrimination and Employment Law for New Jersey

Q: Is it legal for a prospective employer to not consider that individual for candidacy because of ADA accommodations?

If teleworking would be a reasonable accommodation for an individual, is it legal for a prospective employer to not consider that individual for candidacy because of said accommodation?

Example: if a job applicant meets qualifications, but would need to work remotely as an accommodation for an ADA protected disability, can the prospective employer eliminate the individual from the candidacy pool because they won't relocate for the job?

If so, why? How is it different from reasonable accommodation once the individual is an employee?

1 Lawyer Answer
Paula M. Dillon
Paula M. Dillon
  • Employment Law Lawyer
  • Hackensack, NJ
  • Licensed in New Jersey

A: Employers do not necessarily have to accommodate employees by letting them work remotely. It depends in part on the business of the company, the position, and how the rest of the company operates.

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