Labor & Employment Law
Disability Accommodations
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The Americans with Disabilities Act of 1990 (“ADA”) is the federal law that prohibits employers with 15 or more employees from discriminating against employees based on:
- An actual disability:
- A record of disability; and/or
- A perceived disability.
These protections include an employer’s obligation to provide employees with reasonable accommodations in the workplace for their disabilities. The Florida Civil Rights Act has similar protections. If you are a federal employee, you are not covered by the ADA, but you have similar protections under the Rehabilitation Act of 1973. Local county or city ordinances may also offer protections for smaller workforces.
If you work for a covered employer, you have a disability, and you can perform the essential functions of your job or the job you applied for with or without an accommodation, then you are protected under the law.
Disability Accommodation Frequently Asked Questions
The Americans with Disabilities Act (ADA) prohibits employers with 15+ employees from discriminating against employees based on:
- An actual disability
- A record of disability
- A perceived disability
Note: The Florida Civil Rights Act provides similar protections. Federal employees or employees of federal funding recipients are covered under the Rehabilitation Act of 1973.
A disability is defined as a mental or physical impairment that substantially limits one or more major life activities, including:
- Walking, seeing, hearing, concentrating, and thinking
- Impairments affecting bodily systems (immune system, cardiac, endocrinology)
- History of or pre-existing disability (e.g., cancer in remission, heart problems)
Yes, if you have an actual disability and/or record of disability, you’re entitled to reasonable accommodations unless they cause undue hardship. Examples include:
- Speech recognition software
- Special computer equipment or headsets
- Frequent breaks
- Wheelchair accessibility
- Flexible work schedule
- Job reassignment
- Remote working
- Leave of absence
Important: Employers must engage in an “interactive process” to discuss accommodations, but you’re not entitled to your preferred accommodation if an equally effective alternative is offered.
No. The ADA requires employers to keep employee medical information confidential and in separate files. Unnecessary disclosure violates the law.
It’s illegal to terminate employment because of disability, history of disability, or perceived disability. However, employees can still be fired for disciplinary issues or other non-discriminatory reasons.
Yes. An employer cannot take adverse action because you:
- Requested reasonable accommodations
- Complained about disability discrimination
- Opposed disability discrimination
- Pursued discrimination claims
You must file within:
- 300 days with the U.S. Equal Employment Opportunity Commission
- 365 days with the Florida Commission on Human Relations
After agency investigation, you may file a lawsuit or administrative hearing.
Note: Employees of federal funding recipients who are not federal employees do not have to file any administrative complaint under the Rehabilitation Act and can file a lawsuit directly in court. Generally, deadlines for filing a lawsuit in court under the Rehabilitation Act for non-federal employees will mirror the deadline for filing a lawsuit under your state personal injury statute of limitations.
Federal employees pursuing claims under the Rehabilitation Act.
If successful, you may receive:
- Lost wages and benefits
- Prejudgment interest
- Reinstatement or front pay
- Compensatory and punitive damages (subject to caps based on employer size) under ADA.
- Injunctive relief to stop discrimination/retaliation
- Reasonable attorneys’ fees and costs