Florida ADA Lawyers: Discrimination and Non-Accommodation
Under the Americans With Disabilities Act
The Americans with Disabilities Act of 1990 created important protections for workers with physical or mental impairments, or a history of disability. In short, the ADA makes it illegal for employers to discriminate in hiring or in the workplace on the basis of a person's disability. Furthermore, it requires employers to make reasonable accommodations for workers.
Unfortunately, disability discrimination is still all too common. Qualified applicants are passed over in favor of "able-bodied" or "normal" persons with inferior credentials. Requests for accommodations are refused ... or punished. Employees with lasting impairments or recurring conditions are eventually terminated on some other bogus rationale.
The Tampa employment law attorneys of Feldman Morgado hold employers accountable for violating the ADA. We will fight for your dignity and rights in the workplace and fight for your compensation for the economic and emotional harm.
Protecting Your Interests. Enforcing Your Rights.
If you believe that you were denied employment or treated unequally on the basis of a disabling condition, contact us today. We offer a free case evaluation, with multiple offices throughout Florida.
The Americans with Disabilities Act (ADA)
The ADA, or Americans with Disabilities Act, is the federal law that bans discrimination against individuals with disabilities. An employer must often have more than 15 or more employees to be governed by this law. It is not just private employers that must follow Title I of the ADA; it includes local, county, and state employers also.
The Americans with Disabilities Act — and the Rehabilitation Act covering federal employees — outlawed the various forms of disability discrimination so ingrained in the U.S. workplace:
- Qualified applicants cannot be treated unfavorably on the basis of a visible disability, a perceived disability or a history of disability.
- Employers cannot discriminate on the basis of disability in hiring, firing, pay, job assignments, promotions, layoffs or other aspects of employment.
- Disabled employees are protected from offensive and harassing behavior by supervisors, co-workers or customers, when the harassment is so frequent or so egregious that it creates a hostile work environment.
- The ADA requires employers to make reasonable accommodations in the work environment or work requirements to enable that applicant or employee to perform the job and enjoy the privileges of employment.
- Disability is defined as a physical or mental impairment that substantially limits a major life activity (such as walking, speech, sight, hearing, or memory or learning). The disability must be a lasting condition of six months or more, or the person must have a history of a disabling condition such as cancer that is currently in remission. Employers may not ask screening questions in job applications or interviews to discriminate against applicants with disabilities.
Reasonable accommodation can refer to workplace modifications such as wheelchair access, or it may apply to equipment or assistance the person requires. Employers are required to provide accommodations unless it creates significant expense or other undue hardship.
Simply put, the ADA prohibits discrimination in hiring, firing, promotion, compensation, and the conditions of employment against individuals considered to have a disability that substantially limits one or more major life activities and the employee has a record of the disability.
If you have been discriminated against by an employer because of your impairment, click here to have an attorney from Feldman Morgado review the basic facts of your case. We will not charge you for this consultation.
Frequently Asked Questions
Tampa Disability Discrimination Lawyers
We help clients document discriminatory or retaliatory actions and file claims with the Equal Employment Opportunity Commission (EEOC) or the Florida Human Rights Commission. If the case is not settled at the administrative level, we file suit in state or federal court seeking legal recourse under the ADA, such as back pay, front pay and damages for emotional distress.
For more information or to schedule an appointment with an experienced Ocala employee discrimination lawyer, please contact one of our offices in Tampa, Ocala/Gainesville, Miami, Naples, Jacksonville or Fort Lauderdale, Florida. We also have an office in Atlanta, Georgia.