MIAMI-DADE COUNTY FIRM PROTECTING EMPLOYEES DISCRIMINATED AGAINST DUE TO DISABILITY & DENIED REASONABLE ACCOMMODATIONS

The Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”), is the federal law that provides certain protections to individuals with a covered disability or perceived disability. Florida state law (the Florida Civil Rights Act) and local law (for example, § 11A-26 of the Miami-Dade County Code) provides similar protections. These laws apply both to job applicants and employees. An employee is disabled under the ADA if that employee: (a) has a physical or mental impairment that substantially limits one or more major life activities; (b) has a record of such an impairment; or (c) is regarded as having an impairment.

These laws also require employers to provide a reasonable accommodation to qualified individuals in order to enable that individual to perform the essential functions of his or her job. The ADA, however, does not require an employer to provide a reasonable accommodation if it would impose an undue hardship. Whether an accommodation imposes an undue hardship depends on various factors, including, but not limited to, the size of the employer, the number of employees, the type of facility, the work performed by the employee and employer, and the cost of an accommodation. An employer must make sure to take part in a good faith, interactive process with both job applicants and employees who require reasonable accommodations.

A reasonable accommodation may include restructuring a job, adjusting a work schedule, reassigning to a different (but available) position, modifying a workstation, providing readers or interpreters, giving additional training, or promulgating new policies.

Lawyers from BT Law Group have extensive experience advising clients about, and litigating, claims involving the ADA. If you need assistance navigating the numerous requirements of the ADA or the complexities of the ADA’s interactive process requirement, or if you believe your rights were violated under the ADA, please contact the attorneys at BT Law Group for a consultation.