How Can Employees in Beverly Hills Safeguard Their Rights Under Disability Laws?

What Laws Protect Disabled Workers?

Employees working in the state of Florida are protected under the Americans with Disabilities Act at the federal level and the Florida Civil Rights Act at the state level. These two laws work together to ensure that disabled workers who are qualified to do a job are granted important protection against negative actions taken against them by their employer because of their disability.

What Legal Protections are Afforded to Disabled Employees?

The Americans with Disabilities Act and the Florida Civil Rights Act both protect employees from discrimination due to his or her disability, including ensuring that employers do not:

• Refuse to hire an employee because of a disability
• Terminate an employee because of a disability
• Impose less favorable working conditions on an employee because of a disability
• Refuse a request for a reasonable accommodation of a disability
• Retaliate against an individual for making, assisting, or investigating a claim involving disability discrimination
• Harass other individuals who help an employee to make a disability claim by testifying in court, presenting a statement, cooperating with an investigation, or providing other kinds of assistance.

What Legal Protections Are Afforded During the Hiring Process?

Employers are prohibited from asking specific questions when interviewing job applicants. They may not verbally or on an application inquire about the applicant’s health or medical history; they may only inquire about an applicant’s ability to perform specific tasks. Additionally, an employer may not ask whether or not the applicant has ever filed a Worker’s Compensation claim.

What Accommodations Are Employees Entitled to?

Employers are legally required to provide or offer reasonable accommodations for disabled employees when requested. An accommodation is considered to be any modification of the job or work environment, including an extended leave of absence, that will give the employee an adequate opportunity to perform the job successfully. While employers are not required to provide the specific accommodation that is requested, they must provide some type of reasonable accommodation if there is one available. Retaliation against an employee who requests any such accommodation is prohibited.

An accommodation is reasonable if the employer is able to provide it without undue hardship. Examples of reasonable workplace accommodations include but are not limited to:

• Granting a leave of absence
• Job restructuring
• Modified work schedules or remote work
• Accessible parking
• Job transfer or reassignment
• Acquisition or modification of equipment or devices allowing the employee to perform the job

Employees may be offered additional rights to unpaid leave under the Federal Family and Medical Leave Act.

An employer is not required to accommodate the removal of essential functions from an individual’s job, allow an employee to do less work for the same pay, or accept lower-quality work due to a disability.

What Qualifies as a Disability?

The Americans with Disabilities Act considers a disability as any physical or mental deficiency that substantially hinders one or more major life activities, a history of having this type of impairment or being regarded as having this type of impairment. A disability may be a temporary or permanent condition and does not need to be severe. Some of the protected qualifying conditions include but are not limited to the following:

• Deafness
• Blindness
• An intellectual disability
• Partially or completely missing limbs
• Mobility impairments that may or may not require the use of a wheelchair
• Autism
• Cancer
• Cerebral palsy
• Diabetes
• Epilepsy
• HIV/AIDS
• Multiple sclerosis
• Muscular dystrophy
• Major depressive disorder
• Bipolar disorder
• Post-traumatic stress disorder
• Obsessive-compulsive disorder
• Schizophrenia

What is Disability Discrimination?

Disability discrimination is when a person with disabilities is treated less favorably than a person without a disability who is in the same or similar circumstances. It occurs when an employee or job applicant is treated unfavorably by an employer because of an actual or perceived disability or because of a history of disability.

Unless a reasonable accommodation causes undue hardship to an employer, then an employer failing to accommodate an employee or applicant with a disability or medical condition may be breaking the law.

How is Disability Discrimination Proven?

Legal action in response to disability discrimination in the workplace requires proof to substantiate the claim. The employee must show the following:

• The employee suffers or perceives to suffer from a disability
• The employer knew or should have known of the disability
• The employer discriminated against the employee because of the disability
• The employee is capable of performing the essential functions of the job with or without a reasonable accommodation

Common examples of reported workplace disability discrimination in the State of Florida include the following:

• An employer failing to comply with responsibilities under the Americans with Disabilities Act, such as refusal to reasonably accommodate an employee with a medical condition or disability.
• An employer failing or refusing to abide by the terms of the federal Family and Medical Leave Act or the Florida Civil Rights Act at the state level. Both of these laws permit employees to take unpaid leave to address medical issues, with job security ensured upon return.
• Discrimination during the hiring process is based on a real or perceived disability.
• An employer wrongfully terminating an employee based on his or her disability or medical condition.
• An employer refusing to participate in the Americans with Disabilities Act’s interactive process, which is a series of legal interactions to determine if the employer has violated established regulations.

Do I Need an Attorney?

If you have questions about a disability claim or are experiencing workplace disability discrimination, call Panella Law Firm today at 407-233-1822 or fill out a contact form for a free consultation.