Category Archives: Disability Discrimination
Do Job Duties Constitute Essential Functions Of A Job Position When An Employer Does Not Treat Them As Essential?
Having fought for the rights of employees for almost twenty years, our Alachua County, Florida employment discrimination attorneys have learned that employers often believe they can nullify the protections afforded by the Americans with Disabilities Act (ADA) by discharging employees who have a disability by claiming that they cannot perform the essential functions of… Read More »
Does Asking An Employee About His Or Her Physical Ability To Do The Job Reflect Disability Discrimination?
Having litigated disability discrimination claims for almost twenty years, our Alachua County, Florida employment law attorneys have learned that employers frequently discriminate against employees who they perceive as disabled. Under the Americans with Disabilities Act (ADA), employees are protected from disability discrimination if they have an actual disability or the employer “regards” them as… Read More »
Can A Disabled Job Applicant Be Required To Pay For A Post-Offer Medical Exam?
Under the Americans With Disabilities Act (ADA), employers are forbidden from discriminating against a qualified individual with a disability. Under the ADA, an individual with an actual disability is defined as an individual with “a physical or mental impairment that substantially limits one or more major life activities of an individual.” The ADA defines… Read More »
Must An Employee Be Able To Work Full-Time To Be Protected By The Americans With Disabilities Act?
The Americans With Disabilities Act (ADA) forbids discrimination against a qualified individual on the basis of disability. The ADA defines “disability” as “a physical or mental impairment that substantially limits one or more major life activities of an individual.” Prohibited discrimination under the ADA includes not making reasonable accommodations for a qualified individual with… Read More »
Is A Leave Of Absence For Medical Treatment Or Recovery A Reasonable Accommodation Under The ADA?
Under the Americans With Disabilities Act (ADA), employers are required to make reasonable accommodations for qualified employees with a disability unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business. Under the regulations promulgated by the U.S. Equal Employment Opportunity Commission, which is the federal… Read More »
Is Failing To Provide An Employee With An Accommodation Evidence Of Disability Discrimination?
The Americans With Disabilities Act (ADA) was enacted to eradicate discrimination against employees with disabilities and to ensure equal treatment for employees with disabilities. As explained by the U.S. Third Circuit Court of Appeals in Taylor v. Phoenixville School District, 174 F.3d 142 (3d Cir. 1999), “[d]iscrimination under the ADA encompasses not only adverse… Read More »
Employee Who Requested An Accommodation Under Americans With Disabilities Act Told To “Toughen Up”
Under the Americans with Disabilities Act (ADA), employers are forbidden from discriminating against employees on the basis of disability. The ADA defines a disability as “a physical or mental impairment that substantially limits one or more of the major life activities of an individual.” Under the ADA, employers are also required to provide employees… Read More »
Florida Jury Awards $775,000 to Deaf Woman in Discrimination Suit Against Costco
The Florida Civil Rights Act (FCRA) protects employees against discrimination with respect to compensation, terms, conditions or privileges of employment on the basis of handicap, among other things. Like the federal Americans With Disabilities Act (ADA), the FCRA prohibits termination of employees in retaliation for complaining about discrimination and requires that employers make reasonable… Read More »
Does The Americans With Disabilities Act Protect Employees From Retaliation If They Are Not Disabled?
Under the Americans with Disabilities Act (ADA) employers are prohibited from discriminating against employees on the basis of disability. Under the ADA, employers are also obligated to provide employees with reasonable accommodations for their disability. To preserve the availability of these rights, and to enforce them, the ADA contains an anti-retaliation provision. Under the… Read More »
Court Provides Guidance On What Constitutes Disability Harassment Under Americans With Disabilities Act
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. Although the ADA does not mention disability harassment, courts have consistently held that disability harassment is a form of disability discrimination prohibited by the ADA. As a result, employees are protected from disability harassment that is sufficiently… Read More »
