Common Examples of ADA Violations in Florida Workplaces

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.

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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).