Labor & Employment Law
ADA – Disability Discrimination in Florida
The Sass Law Firm represents employees in disability discrimination cases in both federal and state courts. Federal and state laws protect employees against disability discrimination, and require employers to make reasonable accommodation for employees with disabilities. Even if you are not disabled, if you have a record or past history of a disability, or if your employer mistakenly believes you are disabled, you may still be protected from disability discrimination. If you need assistance negotiating a reasonable accommodation with your employer, or if you have been denied reasonable accommodation, please call the Sass Law Firm to schedule a consultation to learn more about your rights. Similarly, if you have been treated differently than others based upon a disability, record of a disability, or perceived disability, including being subjected to a hostile work environment, and need assistance to remedy the disability discrimination, please call the Sass Law Firm to schedule a consultation to learn more about your rights and potential remedies. Disability discrimination is against the law.
ADA – Disability Harassment and Hostile Work Environment
The federal and state laws against treating employees differently with regard to the terms, conditions and privileges of employment based upon their disability also make it illegal to subject employees to harassment because of their disability. For example, if you are frequently subjected to derogatory comments regarding your disability, or a perceived disability, by co-workers or supervisors, it could be considered unlawful disability harassment or creating a hostile work environment. If you feel you are being harassed because of your disability, and need assistance with seeking internal remedies and/or legal remedies if the disability harassment does not stop, please call the Sass Law Firm to schedule a consultation to learn more about your rights. Disability harassment is against the law.
Retaliation
Additionally, if you are retaliated against for complaining about disability harassment or ADA discrimination, please call the Sass Law Firm to schedule a consultation to learn more about your rights and potential remedies. Retaliation is against the law.
ADA Disability Discrimination and Harassment Frequently Asked Questions
The ADA defines a disability as a mental or physical impairment that substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, concentrating, and thinking. Major life activities can also include impairments that affect bodily systems, like the immune system, cardiac, endocrinology, and more. Â Disability laws also protect persons with a history of or pre-existing disability, such as cancer in remission or heart problems.Â
If you have an actual disability and/or a record of a disability as defined under the ADA, you are entitled to reasonable accommodations in the workplace, so long as providing the accommodation does not cause the employer an undue hardship. Examples of reasonable accommodations can include:
- Speech recognition software
- Special computer equipment or headsets
- Frequent breaks
- Wheelchair accessibility
- Flexible work schedule
- Job reassignment
- Remote working
- Leave of absence
In determining accommodation requests, your employer has an obligation to engage in the interactive process—or an ongoing discussion with you—about your accommodation requests. Keep in mind, though, that you are not entitled to your preferred accommodation. Employers can provide alternative accommodations, so long as the accommodation is equally effective.
- The ADA requires employers to keep employee medical information confidential and in separate files. If an employer unnecessarily shares or discloses your medical information to others, this violates the law. Â
It is illegal for an employer to wrongfully terminate or take other adverse action against an employee because of his/her disability, history of disability or a perceived disability. However, an employee can still be fired for disciplinary issues, or any other non-discriminatory reason.
It violates the law if an employer refuses to reasonably accommodate your disability in the absence of a demonstrated undue burden. What constitutes an undue burden depends on a variety of factors. If you believe you have been denied an accommodation, contact Sass Law Firm to evaluate your situation and fight for your rights.
An employer cannot terminate you or take other adverse action because you requested reasonable accommodations, complained about or opposed disability discrimination in the workplace, or pursued your claims for disability discrimination. But the reality is that retaliation still happens, which is why it is important for employees to understand their rights and have experienced disability accommodations attorneys to represent your interests.Â
The law requires you to first file with the U.S. Equal Employment Opportunity Commission within 300 days of when you knew or should have known that the employer denied you accommodations or retaliated against you. Florida state law gives you 365 days from when you knew or should have known of the discrimination to file with the Florida Commission on Human Relations. After the agency investigates your claims, you will have the right to file a lawsuit (or in some cases an administrative hearing). The attorneys at Sass Law Firm can assist you each step of the way.Â
If you successfully prove the employer discriminated against you, failed to accommodate you and/or retaliated against you after requesting accommodations or opposing discrimination, you are entitled to a variety of both monetary and non-monetary damages:
- Lost wages and benefits
- Reinstatement to your position if you were terminated or front pay instead of reinstatement
- Compensatory and punitive damages, subject to caps based on employer size
- An injunction to stop the discrimination or retaliation
- Reasonable attorneys’ fees and costs