Common Employer Excuses That Violate Disability Rights

In an ideal world, employers would follow the law and support workers with disabilities without hesitation. But in reality, many employees hear the same tired excuses when they ask for a reasonable accommodation or speak up about unequal treatment.

Some of these responses may sound casual or even well-meaning on the surface. Others are flat-out discriminatory. 

Under New Jersey law and the Americans with Disabilities Act (ADA), most of these excuses just don’t hold water.

If you’re a worker in New Jersey wondering whether what your employer said (or didn’t say!) is legal, this guide will help you spot the most common red flags. And more importantly, what to do next.

A Quick Look at Your Disability Rights in NJ

Before we break down employer excuses, let’s talk about your legal protections.

In New Jersey, you’re protected under both state and federal laws. The New Jersey Law Against Discrimination (NJLAD) and the Americans with Disabilities Act (ADA) both prohibit discrimination based on disability in the workplace. That includes hiring, firing, promotions, job assignments, and reasonable accommodations.

If you have a physical or mental condition that substantially limits a major life activity, and you can still perform your essential job duties with or without accommodations, you’re legally entitled to support — not punishment.

The Most Common Excuses, and Why They’re Not Okay

1. “We don’t do accommodations here.”

This is one of the biggest red flags. It doesn’t matter if the company is small or large, public or private: if they have 15 or more employees, they’re required by federal law to consider reasonable accommodations. Under NJLAD, New Jersey applies similar protections even to smaller employers.

2. “You should’ve told us during the interview.”

No, you didn’t have to. You’re not legally required to disclose a disability before getting the job, and employers can’t deny you opportunities for failing to do so. The obligation to accommodate begins when you request it, not before.

3. “We’d love to help, but it would be too expensive.”

The ADA and NJLAD only require reasonable accommodations, not ones that would cause “undue hardship” to the business. But employers can’t just claim it’s too expensive without showing actual proof. And most accommodations — like flexible scheduling, desk modifications, or more frequent breaks — cost very little, if anything.

Financial inconvenience is not a blank check for employers to ignore your rights.

4. “We’re treating everyone equally.”

Equality isn’t the same as equity. A one-size-fits-all approach can leave disabled workers behind. Reasonable accommodations in NJ are meant to level the playing field. Denying them in the name of “fairness” actually violates the law.

5. “You’re just not a good fit anymore.”

This vague excuse often follows closely behind an accommodation request or a medical leave. If your employer suddenly starts questioning your performance or attitude after you disclose a disability, that’s a red flag.

Disguising retaliation or discrimination as “poor fit” or “business needs” is a common tactic, but one that doesn’t hold up under scrutiny.

New Jersey Law: Even Stronger Than Federal Protections

Under the New Jersey Law Against Discrimination, workers are protected from discrimination based on a wide range of disabilities — physical, mental, or developmental. And NJLAD doesn’t just protect workers who have a disability: it also protects those who are perceived as disabled or who are associated with someone with a disability.

In fact, New Jersey courts have repeatedly upheld that employers must engage in a good faith, interactive process with any employee requesting an accommodation. If your employer refuses to have that conversation or shuts it down prematurely, they may already be violating your rights.

When Excuses Turn Into Violations

Let’s say you work in retail and have anxiety that sometimes flares during peak hours. You ask for a modified schedule or a break in a quiet room. Your manager says, “Everyone has stress. That’s just part of the job.”

Or maybe you’ve recently been diagnosed with a chronic illness. You ask for a stool so you’re not standing eight hours straight. HR tells you it’s “against store policy.”

Both of these are examples of how common excuses become legal violations. Just because the language isn’t openly hostile doesn’t mean it’s lawful. Passive dismissals are as harmful as they are illegal.

Statistics That Show the Bigger Picture

Disability discrimination in the workplace isn’t rare. In fiscal year 2024, the EEOC received 88,531 new discrimination complaints — a 9% increase from the year before. 

Looking at the previous year, retaliation topped the list as the most common issue, making up 39.2% of all claims, followed by sex (35%), and disability (34.3%). The numbers show that workplace discrimination remains a widespread problem, with many employees facing multiple forms of unfair treatment.

And many of those cases involve employers using informal excuses to deny requests or justify unequal treatment.

What Counts as a Reasonable Accommodation?

A “reasonable accommodation” is any change to the work environment or job duties that helps a person with a disability perform their job, without causing an undue hardship to the employer.

Examples include:

• Adjusted work schedules
• Work-from-home options
• Modified equipment or software
• Additional breaks or rest periods
• Reserved parking

Employers aren’t required to accept the exact request, but they are required to offer alternatives and work in good faith to find a solution.

What to Do If You Hear These Excuses

1. Keep a Record

Start taking notes the moment things feel off. Write down what was said, when, and by whom. If you made an accommodation request verbally, follow it up with an email so there’s a written record.

Use phrases like: “As discussed in our meeting on [date] regarding my accommodation request…”

2. Make a Written Request

If you haven’t already, put your accommodation request in writing. Be clear and polite. You don’t have to disclose every medical detail — just enough to support your request. You may also be asked to provide a doctor’s note.

3. Engage in the Interactive Process

Your employer is legally required to work with you to find a solution. If they shut down the conversation or say “no” without offering other options, that could be a violation of NJLAD or the ADA.

4. File a Complaint with the NJ Division on Civil Rights

If your employer refuses to accommodate you, retaliates, or discriminates based on your disability, you can file a formal complaint with the New Jersey Division on Civil Rights (DCR). You typically have 180 days to file from the date of the incident.

5. Talk to a Lawyer

If you're facing repeated pushback, it may be time to talk to a legal professional. A disability discrimination lawyer in New Jersey can help you evaluate your rights, gather documentation, and take next steps.

Many offer free consultations, and having someone in your corner can make all the difference.

Your Rights Are Not Optional

Too often, employers act as if supporting disabled workers is just a courtesy or an inconvenience. But under New Jersey law, it's a legal obligation. Your request for a break, modified task, or schedule change isn’t asking for special treatment — it’s asking for a fair chance to do your job.

Excuses like “we don’t do that,” “it’s not in the policy,” or “it’s too hard” are dismissive and discriminatory.

If you’re hearing excuse after excuse instead of real solutions, don’t brush it off. Trust your instincts. Speak up, document what’s happening, and reach out for help.

Disability should never be used as a reason to push you aside. With the protections built into New Jersey law, you don’t have to accept the humiliating second-class treatment at work.

Need Help Understanding Your Rights?

If you’ve been denied accommodations or feel like you’re being treated unfairly because of a disability, speaking with a disability discrimination attorney in New Jersey can make a real difference. You don’t have to figure this out alone. 

Reach out today for a confidential consultation. We’re here to help you protect your rights and move forward with confidence.