Workers with disabilities often face substantial difficulties in getting and keeping jobs. They are often denied jobs due to their disabilities, or negative perceptions about a disability. Individuals with disabilities may face consistent difficulties in keeping jobs due to a lack of reasonable accommodations. However, federal, state, and local laws provide some protection to workers with disabilities. If you suspect that you have been mistreated based on your disability, you should consult the Miami disability discrimination lawyers at Phillips & Associates about whether you have a basis to file claims, and under which laws it would be appropriate to bring a lawsuit.Disability Discrimination Under Federal Law
Under the Americans with Disabilities Act (ADA), an employer must provide reasonable accommodations for a job applicant or employee, unless doing so would pose an undue hardship. Reasonable accommodations might include widening doorways, installing ramps, assigning a part-time or altered work schedule, allowing work from home privileges, allowing unpaid leave, acquiring equipment, permitting employees to conduct telework, and modifying methods of employee supervision.
Sometimes controversies arise when an employee asks for a reasonable accommodation. Issues that can come up include whether an employee’s medical condition counts as a disability under the ADA, whether the employee can still perform the essential functions of the job, whether the accommodation sought is actually reasonable, whether other accommodations would be effective, and whether the accommodation would cause an undue hardship to the company.
The ADA also prohibits discriminating against a job applicant or employee because of that person’s association with someone who is known to have a disability. However, the Florida Civil Rights Act does not prohibit this conduct.The Florida Civil Rights Act of 1992
Under the Florida Civil Rights Act of 1992 (FCRA), employers are prohibited from discriminating against employees based on “handicaps”, among other protected characteristics. If you are subjected to discrimination based on a handicap, a disability discrimination attorney in Miami can help you pursue claims for compensatory damages. The compensatory damages are meant to put a victim of disability discrimination back in the position in which they would be if they had not suffered from discrimination.Section 11A-26
In Miami, under a local ordinance known as Section 11A-26, it is illegal for an employer to discriminate based on a disability, as well as other protected characteristics. An employer is supposed to make reasonable accommodations for disabled workers. This means that the employer should make needed adaptations to the known mental or physical restrictions of an otherwise qualified job applicant or employee with a disability, unless the adaptations create an undue hardship for the business. Reasonable accommodations can include making facilities readily accessible to people with a disability, making reassignments, obtaining equipment or devices, making appropriate adjustments for exams and training materials, or providing time off. A Miami disability discrimination attorney can help you pursue an appropriate accommodation for your disability.
Factors to be considered when determining whether an undue hardship would be created for an employer under the local law include the size of the employer, the kind of business operations it conducts, and the cost and nature of the accommodation. Employers are not allowed to deny job opportunities to qualified disabled employees or job applicants if the reason for the denial is a need to make a reasonable accommodation for that person’s mental or physical limitations. Moreover, an employer may not recruit or advertise a job in a way that would adversely affect someone who has a disability. Employment agencies and businesses that provide employees are also restricted from engaging in any of the practices described above.Discuss Your Case with an Experienced Disability Discrimination Attorney
If you have been affected by discrimination based on a handicap or disability, you should consult a seasoned employment attorney. For a free consultation with a disability discrimination lawyer in Miami, call Phillips & Associates at (305) 549-5120 or complete our online form. We represent clients on a contingency fee basis, so we will not seek attorneys’ fees unless we obtain a settlement or verdict for you.