The ADA prohibits discrimination against persons with disability in private employment, as well as in public transportation, public accommodations and telecommunications.
Title I of the ADA, which addresses employment issues, provides that businesses covered by the ADA may not discriminate against a “qualified individual with a disability” on the basis of the disability.
Discrimination with regard to job application procedures, hiring, discharges, compensation, advancement, job training and other terms, conditions and privileges of employment is expressly prohibited.
A person is deemed to be a “qualified individual” under the ADA if he or she can perform, with or without reasonable accommodation, the essential functions of the employment position he or she holds or desires.
The ADA specifically states that the employer’s judgment regarding the essential functions of a job or any written description of the job will be considered as evidence in determining if an individual is qualified.
A broad range of actions that may constitute a reasonable accommodation are listed in the ADA, including, but not limited to,
Under the ADA, failure to make reasonable accommodations to the known limitations of a disabled applicant or employee is an act of discrimination unless the employer can show that the accommodations would impose an “undue hardship” on the operation of the business.
“Undue hardship” is vaguely defined as “an action requiring significant difficulty or expense”. Factors to be considered in determining whether an undue hardship exists include the overall size of the business in terms of employees, facilities, and budget; the type of operation involved, including the structure of the work force; and the nature and cost of the accommodation needed.
The ADA prohibits medical examinations or inquiries regarding whether an applicant or employee has a disability or as to the nature or severity of a disability. An employer may, however, inquire into the ability of an applicant to perform job-related functions. The only exception to this prohibition allows employers to require a medical examination after an offer of employment has been made.
Remedies include reinstatement of employment, recovery of lost wages, compensatory as well as punitive damages, attorney’s fees and costs.
Sometimes, employers seek to terminate injured employees from their workforce in order to reduce their workers’ compensation and health care liability.
Oftentimes, this is accomplished by utilizing a pretextual (false) reason for termination of the employee. Such action is unlawful and challengeable under this Florida statute.
Remedies available include reinstatement of employment, the right to lost wages, compensatory damages, plus attorney’s fees and costs.
The Employer is obligated under federal law to provide upon request a copy of the short-term or long-term disability policy, as well as a “summary plan description” which more simply articulates employee rights and protections under the plan.
Some examples of disability discrimination may include:
If any of these things have happened to you on the job, you may have suffered disability discrimination. If you have a disability and are qualified to do a job, there are federal and state laws protecting you from job discrimination, harassment, and retaliation on the basis of your disability. You are also protected if you are a victim of discrimination because of your association (family, business, social or other relationship) with an individual with a disability.
In the past decade, we have seen the number of pregnancy related discrimination’s jump by almost 35%. 1 out of every 5 discrimination charges leveled by women, is associated with pregnancy, according to the Equal Employment Opportunity Commission (EEOC). After the Pregnancy Discrimination Act of 1978, which prohibits “sex discrimination on the basis of pregnancy,” …
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