The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations that allow people with disabilities to perform the essential functions of their jobs or seek employment. A disabled worker or job applicant who is denied ADA accommodations or otherwise faces employment discrimination may seek legal recourse.
The ADA protects employees and applicants who:
- Have a physical or mental impairment that substantially limits one or more major life activities or bodily functions
- Have a history of such an impairment
- Are regarded by others (i.e., an employer) as having such an impairment
While it may be hard to do so on your own, it is important to stand up for your rights and address discrimination in the workplace when it occurs. Cruz Law Firm, P.A. can hold employers accountable and seek compensation for how you have been mistreated as a worker or job applicant in Florida.
Contact Cruz Law today for a consultation with an ADA violation attorney.
ADA Protections in Employment
Title I of the ADA gives a disabled worker the right to acknowledge their disability and request reasonable accommodations that allow them to perform the functions of a job they hold or are seeking. A worker who can adequately perform the essential functions of a job with reasonable accommodation is legally considered qualified for the job.
Illegal discrimination under the ADA is any negative act against someone who is otherwise qualified for the job. The act must be based on their actual or perceived disability and adversely impact their:
- Being hired
- Continued employment
- Job duty assignments
- Training
- Wages
- Raises
- Promotions
- Receipt of health insurance or other benefits
Common ADA Violations in Florida Workplaces
Cruz Law Firm can help if you have been subjected to discrimination made illegal by the Americans with Disabilities Act while seeking or holding a job. This includes the following violations.
Failure to Provide Reasonable Accommodations
Reasonable accommodation for a worker’s disability may include, but is not limited to:
- Making existing facilities readily accessible to and useable by people with physical disabilities
- Job restructuring, modifying work schedules, or reassigning to a vacant position
- Acquiring or modifying equipment or devices
- Adjusting or modifying examinations, training materials, or policies
- Providing qualified readers or interpreters
What is considered a reasonable accommodation varies depending on the applicant’s or employee’s needs. For example:
- A visually impaired employee may need materials in Braille or large print.
- Seizure-alert dogs may be allowed in the office to respond to an employee’s seizures.
- A restroom may need to be modified so a wheelchair user may access it.
- Employers should have a sign language interpreter at a deaf job applicant’s interview.
Discrimination in Hiring, Job Assignments, and Promotions
Refusing to hire a job applicant, assign an employee specific job assignments, or promote an employee because they are disabled or to avoid providing a requested accommodation is illegal under the ADA.
Harassment or Hostile Work Environment
The ADA also protects employees from disability harassment. This includes harassment based on association with someone who has a disability. Examples of disability harassment include:
- Repeatedly criticizing or mocking an employee for their disability or for using accommodations
- Setting unrealistic deadlines for an employee who is married to someone with a disability
- Denying an employee with a disability access to lunch as punishment for taking time off
- Making offensive remarks or jokes about a person’s disability
- Committing offensive acts that create a hostile work environment
Retaliation for Exercising ADA Rights
Any kind of punishment for legally requesting, accepting, or utilizing an ADA accommodation is illegal. This includes:
- Demotions
- Terminations
- Unfavorable job assignments
- Withholding pay or benefits
- Harassment
Inaccessible Workplaces
One way an employer may accommodate an employee’s disability is to make existing facilities accessible. This includes ensuring:
- Physical accessibility – Employers should remove barriers to access to the building, the work site, needed equipment, and all facilities employees use.
- Technology or digital accessibility – Technology in the workplace must be either directly accessible or compatible with additional assistive technology (AT).
Steps to Take If You’ve Experienced an ADA Violation
You have rights if you feel you have not been treated appropriately in your workplace or the job application process because of an actual or perceived disability.
Gather Evidence
Do your best to document the incident(s) by taking pictures and saving printed material. If possible, find people who would support you and record a statement or at least get their contact information.
File a Complaint
You can then file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations. If the EEOC decides there is reasonable cause to believe that ADA discrimination has occurred, it will assume control of the case and try to mediate a settlement. They may require the company to commit to change and make a payment to you.
Pursue a Lawsuit
When a case cannot be settled through mediation, the EEOC will issue a Notice of Right to Sue, allowing you 90 days to file a federal lawsuit. A lawsuit could demand remedies such as reinstating you to your job or a similar position, ceasing any illegal behavior, and compensating you for lost wages, pain and suffering, and your legal fees.
Consult a Florida ADA Attorney
To protect your rights, we suggest contacting an employment disability discrimination lawyer from Cruz Law. Our first objective will be to get you what you want, such as a fair shot at a job, assignment, or promotion you are legally qualified for. Sometimes, by speaking with an employer, we can persuade them to do the right thing. Other times, we resolve cases by representing clients in mediation. But when it’s required, we can pursue a lawsuit on your behalf.
In an ADA discrimination lawsuit for you, we may demand:
- Back pay if you missed work because of the failure to accommodate your disability
- Lost future earnings if you were wrongfully terminated or denied a promotion and reinstatement is not feasible
- Compensation for your psychological pain and suffering
- Compensation for your court costs and attorney’s fees
- Punitive damages if your employer intentionally or willfully engaged in disability discrimination or failure to accommodate your disability
Contact an Experienced Florida ADA Discrimination Lawyer
If an employer has discriminated against you based on a disability that should have been accommodated, Cruz Law can help you. The ADA violations lawyers at Cruz Law have nearly 20 years of combined legal experience and have taken more than 100 employment discrimination cases to trial in Florida. We can help you demand compliance with the requirements of the Americans with Disabilities Act and compensation for the illegal discriminatory treatment you have suffered.
Our law firm gets justice for workers like you in Tallahassee, Jacksonville, and across the Florida Panhandle, including a $245,000 settlement for disability discrimination. Past clients say we are “extremely knowledgeable and a fierce advocate in fighting to make things right.” We can advise you about your legal options in a confidential legal consultation. Contact us now for help from a compassionate, experienced ADA employment discrimination attorney.