Category Archives: Disability Discrimination
Can An Employer Refuse To Hire A Person With A Disability Based On Its Assertion Of What Constitutes The Essential Functions Of A Position?
Under the Americans with Disabilities Act (ADA), employees are protected from discrimination when they have an actual disability or are perceived as having a disability within the meaning of the ADA. The ADA defines “disability” as “a physical or mental impairment that substantially limits one or more major life activities of an individual.” However,… Read More »
The Americans With Disabilities Act Forbids Employers From Making Disability-Related Inquiries
The Americans with Disabilities Act (ADA) protects employees from discrimination on the basis of disability. Under the ADA, employers are prohibited from making disability-related inquiries regarding an employee’s health. More specifically, the ADA provides that an employer “shall not require a medical examination and shall not make inquiries of an employee as to whether… Read More »
Supervisor Told Employee With Disability Under American’s With Disabilities Act Not To Die At His Desk
The American’s with Disabilities Act (ADA) protects employees from discrimination on the basis of disability. Having extensive experience representing employees who have been subjected to disability discrimination, our Marion County, Florida disability discrimination attorneys have learned that employers frequently target employees who have a disability within the meaning of the ADA for abusive treatment…. Read More »
Must An Employee Establish An Employer’s Knowledge Of The Disability To Prove A Discriminatory Discharge Based Upon A Disability?
The Americans with Disabilities Act (ADA) prohibits employers from firing employees on the basis of disability. In order to prove a discriminatory discharge based upon a disability, an employee must demonstrate that his or her employer had knowledge of the disability at the time of the termination. As the U.S. Eleventh Circuit Court of… Read More »
Disability Harassment Is A Form Of Disability Discrimination Prohibited By The Americans With Disabilities Act
The Americans with Disabilities Act (ADA) protects employees from discrimination on the basis of disability. Discrimination under the ADA includes not making reasonable accommodations to the known physical or mental limitations of an individual with a disability. Discrimination under the ADA also includes disability harassment that is sufficiently severe or pervasive to create a… Read More »
Sixth Circuit Finds That Employer Failed To Reasonably Accommodate Employee During Pregnancy Bed Rest
Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees on the basis of disability. Discrimination under the ADA includes not making reasonable accommodations to the known physical or mental limitations of an individual with a disability. Consequently, the ADA establishes a cause of action for disabled employees when their… Read More »
Appellate Court Finds That Employer’s Shifting Explanations For Employee’s Discharge Are Evidence Of Disability Discrimination
The American’s with Disabilities Act (ADA) prohibits employers from discriminating against employees on the basis of disability. When an employee brings a disability discrimination claim under the ADA, the employer is required to proffer a legitimate, non-discriminatory reason for the challenged employment decision. Having long represented employees victimized by disability discrimination, our Central Florida… Read More »
Former Car Salesman Wins $1.3 Million in Damages for Disability Discrimination in Employment
A man who was diagnosed with a serious form of cancer and was terminated for allegedly unrelated reasons has just been awarded $1.3 million in damages by a Florida jury. The case is titled Axel v. Fields Motorcars of Florida. Positive job performance despite cancer diagnosis Scott Axel had been working for Fields Motorcars… Read More »
Florida Staffing Agency Settles Lawsuit Based on Disability Discrimination
A central Florida staffing agency has recently settled a claim brought by the Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that the company made illegal inquiries into the health and physical abilities of job applicants who had not yet received an offer of employment. Application required disclosure of sensitive health information KB Staffing,… Read More »
Settlement Reached in Case of Terminated Mascot
The man known for playing Stanley C. Panther, the mascot of Florida’s National Hockey League team the Panthers, has reached a settlement of his discrimination and wrongful termination claims against the team. Raphael Estevez claimed that he was illegally discriminated against after taking leave due to severe depression, and also sought pay for hundreds… Read More »
