New Disability Discrimination Regulations Impact on New Jersey Employers

New Disability Discrimination Regulations Impact on New Jersey Employers
By: Beth Lincow Cole
http://www.humanresourceattorney.com

While recent federal changes involving the Americans with Disabilities Act have attracted a great
deal of attention in employment circles, New Jersey employers should also be aware how the
changes will impact them.
Additionally, the New Jersey Division of Civil Rights has proposed an amendment to its
disability discrimination regulations that the New Jersey Division on Civil Rights says are
consistent with the federal changes.
The proposed regulations contain several provisions that could impact New Jersey employers, as
outlined below:
Public Hazard Defense: The proposed regulations appear to significantly restrict the availability
of this defense. Under current law, an employer can choose not to hire an applicant with a
disability or terminate an employee who poses a hazard to the employee or others in the
workplace. The new regulations will require the employer to explore reasonable
accommodations before doing so as it includes the language “where the hazard cannot be
eliminated or reduced by reasonable accommodation.”
Undue Hardship Definition: While the amended laws would still allow employers to consider
cost when determining whether accommodating a disabled individual would cause “undue
hardship,” the new regulations would require employers to consider available resources that may
offset the cost, including tax credits or outside funding.
Language Regarding Pre-Existing Condition Coverage: The last change is largely semantic. To
avoid confusion or possible contradiction with respect to coverage of pre-existing conditions
mandated by recent health care reform, the language allowing employers to offer medical
coverage excluding pre-existing conditions is deleted. In its place, the proposed language states
that employers may offer medical insurance that limits coverage for certain procedures or
treatments, “as long as these activities are not being used as a subterfuge to evade the purposes of
the subchapter.”
The official public comment period on the amended disability regulations expired on March 19,
2011. Employers are advised to stay tuned to this blog for information regarding the status of the
legislation in the coming months.


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