Fighting for you
If you have a claim against an employer or coworker, I will fight your case.
I will let you know if you have a claim or not after your free consultation.
No upfront fees
I work entirely on a contingency basis. If we don’t win, you don’t pay.
What does the law say about disability discrimination?
There are state and federal laws that address disability discrimination in the workplace.
The Americans with Disabilities Act (ADA) was introduced in 1990. At a state level, the Florida Civil Rights Act protects against discrimination for handicapped people. The ADA prohibits employers from discriminating against qualified individuals with disabilities in all employment practices.
It also protects you:
- If you have a history of such a disability, or
- If an employer believes that you have such a disability, even if this is not the case.
Additionally, an employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship (significant difficulty or expense).
Disability discrimination in any of the following employment situations is illegal:
- Hiring and firing employees
- Awarding pay
- Making job assignments
- Deciding on promotions and demotions
- Laying off employees
- Training employees
- Fringe benefits like health insurance
- Any other term or condition of employment
What counts as a disability and who qualifies for protection under the ADA?
It is important to understand what counts as a disability according to the law.
Under the ADA, a person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability.
“Qualified” individuals with a disability must be able to satisfy the skill, experience, education, and other job-related requirements of the position. They must also, with “reasonable accommodation” be able to perform all the essential functions of the position in question.
In this sense, “reasonable accommodation” includes efforts from the employer to facilitate the hiring of a disabled employee. These efforts should not result in a lowering of production standards or require the provision of personal equipment (like hearing aids).
Such efforts may include:
- Introducing greater accessibility
- Modifying equipment
- Job restructuring or modification of work schedules
- Providing additional leave (unpaid)
- Modifying training materials or policies
- Providing qualified readers or interpreters
Examples of disability discrimination
Actions from employers that contravene the disability discrimination laws include:
- Refusing to interview or hire people because of a disability
- Asking inappropriate or prohibited questions at an interview (e.g. enquiring about the existence, nature, or severity of a disability)
- Insisting on a medical examination (unless it is required by all new employees in that job category)
- Refusing to promote an employee because of a disability
- Failing to give equal job assignments to employees with disabilities
- Providing lower compensation (wages, salaries, benefits) for disabled employees
- Failing to provide the same training opportunities for disabled employees as for other employees
Note that testing for the use of illegal drugs is not considered the same as a medical examination, so it is not legislated under the ADA like medical examinations.
Have you suffered disability discrimination from an employer or potential employer?
Sometimes, disability discrimination in the workplace is blatant but it can also take subtler forms, such as:
- A question asked during an interview
- Being well-qualified for a promotion but ignored in preference of a less-qualified or experienced individual
- Being treated differently after an accident leaves you disabled
Discrimination like this is, unfortunately, still common in the workplace.
The results can severely impact lives, leading to:
- Restricted career opportunities
- Lower income
- Stress and other health issues
Sometimes, disability discrimination is unreported out of fear of losing one’s job.
Remember that you are protected from retaliatory actions by employers against whom you:
- Make a complaint
- File a claim with the Equal Employment Opportunity Commission (EEOC)
- Serve as a witness in another employee’s disability discrimination case
If you have been discriminated against. seek the right legal advice before taking any action.
Discriminated against because of a disability? What can you do?
Do you feel discriminated against in the workplace because of disability?
There is no need to tolerate further discrimination.
You may be able to make a claim or take legal action that requires your employer to:
- Take action to restore you to the same position you would have been in if the discrimination had not taken place
- Pay damages to compensate you for back pay, benefits, emotional distress, suffering, and so on
- Prevent future acts of discrimination
As an experienced employment discrimination attorney, I can help assess your case for disability discrimination.
If taking legal action is the right option, I will help you take the necessary steps to build your case.
From here, we need to:
- Assess your claim. Start by booking a free phone consultation below.
- Decide whether to pursue a complaint after our consultation.
- File a complaint or lawsuit with a local or federal agency, or state or federal court.
- Prepare the paperwork so that we can draft the complaint or lawsuit.
Impressed, does his homework, objective and passionate. This guy does not sugar coat the facts he will tell you straight up what’s going on and in today’s world that’s important. If you have a legal issue this guy will stand by you and fight for you. Very impressed.
Ryan represented us in a high-profile religious discrimination lawsuit. His work product and professionalism are exceptional.