The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations that allow employees or job applicants who have disabilities to perform the essential functions of the jobs they hold or seek. A disabled worker who is denied ADA accommodations may seek compensatory or punitive damages and placement in a similar job that the disabled worker is qualified to perform.
Legal protections provided by the ADA help ensure that disabled workers have equal access to employment opportunities and are not discriminated against in the workplace. If you have a disclosed disability and have faced a hostile work environment as a job applicant or employee in Jacksonville, Florida, an ADA discrimination lawyer at Cruz Law Firm, P.A., can protect your rights and demand compensation for the way you have been mistreated.
The employment discrimination lawyers at Cruz Law have nearly 20 years of combined legal experience and have taken more than 100 employment discrimination cases to trial. Contact Cruz Law today for a free consultation with a Jacksonville employment lawyer about disability discrimination at work. Phone (850) 755-9856 now.
Key Aspects of the Americans with Disabilities Act
The Americans with Disabilities Act is a federal law that makes it illegal to discriminate against individuals in the workplace because of a disability they have or are perceived to have. It prohibits discrimination in hiring, assigning job duties, training, wages, raises, promotions, or receipt of health insurance or other benefits.
The ADA applies to employees and job applicants who:
- Have a physical or mental impairment or perceived disability that substantially limits one or more major life activities or bodily functions, such as seeing or hearing.
- Have a history of such an impairment.
- Are regarded by an employer as having such an impairment.
Major life activities listed under the ADA and the 2008 ADA Amendment Act (ADAAA) include:
- Caring for oneself
- Performing manual tasks
- Seeing
- Hearing
- Eating
- Sleeping
- Walking
- Standing
- Lifting
- Bending
- Speaking
- Breathing
- Learning
- Reading
- Concentrating
- Thinking
Major bodily functions under the ADAAA include:
- Functions of the immune system
- Normal cell growth
- Digestive functions
- Bowel functions
- Bladder functions
- Neurological functions
- Brain functions
- Respiratory functions
- Circulatory functions
- Endocrine functions
- Reproductive functions.
A worker who has a disability has the right to acknowledge their disability and request a reasonable accommodation that allows them to perform a job they have or are applying for. A worker who can adequately perform the essential functions of a job with reasonable accommodation is legally considered to be qualified for the job.
Essential functions of a job are duties that are fundamental to the position. The employer determines what job functions are essential. An employer is not required to change a job’s essential functions to accommodate a disabled worker or job applicant.
What Are ADA Reasonable Accommodations in the Workplace?
A reasonable workplace accommodation is a modification or adjustment to a job, the work environment, or the hiring process that gives an individual with a disability equal opportunity to get a job, perform the job’s tasks, and enjoy the benefits of having the job. If there are multiple reasonable accommodations, the employer may choose one that is less expensive, burdensome, or easier to provide — as long as it is effective.
Examples of reasonable accommodations in the workplace include:
- Restructuring the job.
- Modifying work schedules.
- Allowing the employee to sit instead of standing during a work shift.
- Allowing a service animal to accompany the worker.
- Allowing the employee to work from home.
- Providing the employee with adaptive equipment.
- Providing qualified readers or interpreters.
Most employers who have 15 or more employees are required by federal law to provide reasonable accommodation for workers with disabilities. Employers of fewer people may be exempt.
An employer may argue that an accommodation is not reasonable if they can show that it would be significantly difficult or expensive. An employer would not be required to:
- Place an employee in a position they are not qualified for.
- Lower quality or quantity standards.
- Create a new position for an employee.
- Provide personal items like glasses or hearing aids.
Recognizing Disability Discrimination at Work
A disabled worker or job applicant should be provided reasonable accommodations that meet their stated needs and otherwise treated like other employees and job applicants in every aspect of hiring and employment.
It is important to understand both subtle and overt forms of disability discrimination. A few examples of discrimination against the disabled in the workplace include:
- Refusing to provide reasonable accommodations for disabled workers or job applicants. (Overt)
- Not considering disabled workers for promotions, desirable job assignments, or other opportunities available to others. (Subtle)
- Not putting disabled workers in client-facing roles. (Subtle)
- Assigning job duties that aggravate the worker’s disability. (Subtle; overt when repeated or after a complaint)
- Harassing or mocking a disabled worker or job applicant. (Overt)
- Retaliating against an employee who has requested an accommodation. (Overt)
Role of an ADA Lawyer in Protecting Employee Rights
An ADA discrimination lawyer from Cruz Law in Jacksonville, FL, will work to see that your rights are protected and that you are allowed equal opportunity to achieve success in the workplace according to your abilities. Our goal is the same as the goal of the ADA: to remove the barriers to employment faced by individuals with disabilities.
As your ADA rights attorney, our role is to educate and advocate on your behalf. Sometimes, our employment lawyers can speak to an employer and help them understand their legal responsibilities.
In some cases, our attorneys provide legal representation to clients in mediation sessions in which a trained facilitator helps parties in a dispute negotiate a resolution. As your employment lawyer, our law firm would provide legal advice during mediation to protect your interests.
When necessary, Cruz Law can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) on your behalf against an employer who has discriminated against you and seek a legal remedy for the harm you have suffered. We may demand that the employer provide a specific reasonable accommodation for you to do your job, provide a similar assignment, or cease illegal behavior, such as harassment.
The EEOC will investigate and work to settle a complaint. When a case cannot be settled, the EEOC will issue a Notice of Right to Sue, allowing you 90 days to file a federal lawsuit. In addition to previous demands, a federal lawsuit could demand compensation for lost wages, pain and suffering, and your court costs and attorneys’ fees.
At Cruz Law Firm, P.A., our Jacksonville employment lawyers are dedicated to representing employees in matters involving workplace discrimination and holding employers accountable. Our attorneys can help you by negotiating with your employer to make things right, or we can help you seek legal action if needed. We will help you understand your rights and stand up for your interests throughout the entire process. We will take every step necessary to hold your employer accountable.
Contact Our Jacksonville ADA Employment Discrimination Lawyers
If an employer has refused reasonable accommodations you have requested or has otherwise discriminated against you because of a disability, our Jacksonville ADA employment discrimination lawyers at Cruz Law can help you. Our law office focuses on employment law. We’ll demand compliance with the Americans with Disabilities Act and compensation for the harm you have suffered.
Contact our law offices to speak with a compassionate and experienced ADA employment discrimination lawyer. Our attorneys can advise you about your legal options in confidence and with no charge or further obligation.