Employers in Florida and other states are generally barred from discriminating against workers who are qualified for a position despite their disabilities. The Americans with Disabilities Act of 1990, or ADA, also prohibits discrimination during the hiring process. Furthermore, employers are not allowed to retaliate against those who claim that they were discriminated against because they are disabled or were thought to be disabled. There are two criteria that must be met for a person to be covered by the ADA.
The first requirement is that an individual must have an impairment that limits a major life activity. Next, an individual must have a record of this impairment or be perceived to have a disability if no documentation is available. It is important to note that employers are under no obligation to hire a person if doing so would create an undue hardship.
However, companies are required to take reasonable steps to help those who are disabled to do their jobs. An accommodation is generally considered an undue hardship if it is difficult or expensive to implement. Reasonable accommodations could include giving an employee a flexible schedule or allowing that person to work from home. Other accommodations could include transferring an employee to another position or providing an individual with easier access to an office building.
If a company violates the ADA, it may be worth seeking out Boca Raton workplace disability discrimination law firm help. An attorney may be able to assist an individual in filing a lawsuit or taking other steps to resolve the matter. Employees may be entitled to compensation for lost wages or other damages if they can show that a company improperly terminated or retaliated against them. Hiring patterns, payroll records or statements from a manager may all be evidence of discrimination.