Disability and Handicap Discrimination Attorney

Enforcing Protections for Real and Perceived Disability

Both federal law and Florida law protect employees with disabilities or handicaps from discrimination in the workplace. These protections also extend to workers who are not disabled, but who are perceived to have a disability, and as a result are treated as though they do. This includes discrimination in job application procedures, hiring, firing, training, promotions and other conditions of employment. These laws also protect disabled individuals from harassment or discrimination in the workplace. If you need advice about your workplace rights and options for compensation, contact the Law Office of William M. Julien, P.A., in Boynton Beach.

You Have a Right to Reasonable Accommodations

Employers are responsible for making reasonable accommodations for workers with genuine disabilities who are otherwise capable of performing the required work. The reasonable accommodations are meant to be worked out between the employer and the employee, and each side is under an obligation to work in good faith toward a mutually acceptable solution. These accommodations might involve physical access to a desk or workstation, adapted computer equipment, reassignment of work schedules, devices to correct deficiencies in hearing or vision, or allowances of time for medical treatment according to a schedule.

There are some disabilities that are fairly obvious and do not take much to notice. Others are less obvious, but also qualify for protection under federal and state laws. Under the ADA, a disabled person is someone who has a physical or mental impairment that significantly limits a major life activity; a person who has a record of such impairment; or a person who is regarded as having impairment – whether or not that regard is actually true.

Disability Protections Have Evolved

The Americans with Disabilities Act, or “ADA,” was passed nearly 20 years ago to protect the rights of employees with disabilities or handicaps. It prohibits discrimination based on disability or perceived disability and requires employers to provide reasonable accommodations to allow workers with disabilities to do their jobs. There are even protections for being discriminated against because of your association with a disabled loved one.

Over time, courts have interpreted the law in ways that made it unclear to most employees what protections were available to them under the ADA. To remedy this situation, Congress recently passed the ADA Amendments Act of 2008, or “ADAAA.”

If you are dealing with disability discrimination, the ADAAA should make it easier to file a successful claim. You do have rights under the Americans with Disabilities Act, and the Law Office of William M. Julien, P.A., can help.

Attorney William M. Julien has more than 20 years of experience protecting people’s rights in the workplace. He is committed to working with you to fight disability and handicap discrimination, and he has a long track record of success.

Contact us for a free initial consultation at our Boynton Beach law office in south Florida.

The ADA’s Definition of Disability is Changing

In order to qualify for disability under the ADA, you must prove that you have a disability that substantially limits a major life activity. In writing the ADAAA, Congress decided that the courts’ interpretation of the original ADA had been too strict. Many people with legitimate disabilities failed to qualify for protection. Congress has asked the EEOC to propose a definition that is closer to the lawmakers’ original intent.

• More “major life activities” are now covered by the ADA. Previously, courts had interpreted what was to be considered a major life activity under the Americans With Disabilities Act rather strictly. The ADAAA now makes it clear that bodily functions – such as normal cell growth, bladder and bowel control, immune system function, respiration, reproductive function and others – are to be considered major life activities. If you have been told that your disability is not protected under the ADA, you should check again.
• You no longer have to prove your employer understood your disability. Under the old rules, an employee who complained about disability discrimination had to demonstrate that his or her employer believed that the particular disability substantially limited a major life activity. This was very difficult. With the ADAAA, the employee only needs to prove that the employer thought he or she had a disability and discriminated against him or her because of it.

Retaliation for a Workers’ Comp Claim is Illegal

An injured employee with a workers’ comp claim may also be entitled to the protections under disability laws. Under the disability laws, an employer may not retaliate against an employee who seeks disability benefits or additional recovery time.

When this procedure breaks down, or when an employer’s unwillingness to accommodate a disability or handicap leads to problems for the employee, South Florida workplace rights attorney William Julien litigates disability discrimination claims on behalf of people all over the state, especially in the area along the Palm Beach-Fort Lauderdale-Miami coast.

Was Your Termination Actually Discrimination?

Most of our clients have been fired for what are stated to be performance-related reasons, but that very often turn out to be prohibited discrimination on the basis of a disability or a handicap. Our skill with the investigation and presentation of detailed evidence that both establishes liability against the employer and proves the amount of your damages can help you recover from both the economic loss and the humiliation of discriminatory practices in the workplace.

Discrimination for Perceived Disabilities

Perceived disability discrimination happens when an employer treats an employee unfairly due to the belief that an employee is disabled, even when he or she is not actually disabled.

Unfortunately, since many clients are fired for what are stated to be performance-related reasons, often these reasons turn out to be discrimination on the basis of a disability or perceived disability. Our skill with investigating and presenting detailed evidence that both establishes liability against the employer and proves the amount of your damages, can help you recover from both the economic loss and the humiliation of discriminatory practices in the workplace.

You No Longer Have to Prove That Your Employer Understood Your Disability

The Americans With Disabilities Act, or “ADA,” was passed over 20 years ago to protect the rights of employees with disabilities or handicaps. It prohibits discrimination based on disability or perceived disability and requires employers to provide reasonable accommodations to allow workers with disabilities to do their jobs.

In order to qualify for disability under the ADA, you must prove that you have a disability that substantially limits a major life activity. In writing the ADA Amendments Act (ADAAA), Congress decided that the courts’ interpretation of the original ADA had been too strict. Many people with legitimate disabilities failed to qualify for protection.

Under the old rules, an employee who complained about disability discrimination had to demonstrate that his or her employer believed that the particular disability substantially limited a major life activity. This was very difficult.

With the ADAAA, the employee only needs to prove that the employer thought he or she had a disability and discriminated against him or her because of it.

Contact a Boynton Beach Employment Law and Disability Lawyer

We also handle workplace rights cases involving pregnancy leave, leave for personal or family illness, or retaliation for filing workers’ compensation claims. We discover many of these situations while advising clients whose applications for unemployment benefits are opposed by the employer. For a free consultation about your rights in a case involving discrimination against the handicapped or disabled, contact the Law Office of William M. Julien, P.A., in Boynton Beach online, or reach us by phone at 561-560-5597 or toll-free at 888-993-4611.

Protection Against Discrimination Under The Americans with Disabilities Act

The Americans with Disabilities Act, or ADA, was passed over 20 years ago to prohibit discrimination based on disability or perceived disability, and requires employers to provide reasonable accommodations to allow workers with disabilities to do their jobs.

The ADA’s definition of disability is continuously evolving. In order to qualify for disability under the ADA, you must prove that you have a disability that substantially limits a “major life activity.”

Disabilities: Definition of ‘Major Life Activities’

The definition of a “major life activity” has changed throughout the years. More major life activities such as normal cell growth, bladder and bowel control, immune system function, respiration, reproductive function and others are now covered by the act.

Previously, courts had interpreted what was to be considered a major life activity under the Americans with Disabilities Act rather strictly.

Helping You Determine if You Have an Employment Law Claim

If you need help determining whether you have a disability or assistance with filing a claim under the ADA, reach out to the Law Office of William M. Julien, P.A., at 888-993-4611 for assistance.

With over two decades of experience handling claims for employees with handicaps and disabilities throughout Florida, founding attorney William Julien has helped recover compensation in many different instances.

Cases are handled on a contingency fee basis only. You owe no attorney fees unless your case is successfully resolved.

Discrimination for Association with a Disabled Loved One

An employer cannot discriminate against an employee or an applicant on the basis of a disability, a perceived disability or the association with a disabled loved one. If you have experienced workplace discrimination because of your loved one, it is important to speak with a lawyer as soon as possible regarding your rights to compensation.

At the Law Office of William M. Julien, P.A., in Boynton Beach and serving the communities of Florida, we have helped clients protect their rights after workplace discrimination and have recovered significant verdicts and settlements for our clients. Disability laws protect those who have disabilities, those who are simply perceived to have disabilities and those who are associated with disabled individuals.

Under those laws, employers may not discriminate against you because of the expense of a disabled loved one, such as the expense that may be added to a medical health insurance plan. They also cannot discriminate against you because of a disability association, even in a case where the disability is genetic and may be passed on, or when the disability of a loved one is labeled a “distraction.”

Your right to associate with a disabled loved one is clear under the law, and if your employer has used this association as the basis to terminate, harass or refuse to hire you, talk with an experienced employment law lawyer as soon as possible.

Reasonable Accommodations Under the ADA

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations to job applicants and employees to ensure equal opportunity, benefits and privileges of employment. Examples of reasonable accommodations could include modifying work schedules, changing policies and acquiring or modifying equipment.

At the Law Office of William M. Julien, P.A., in Boynton Beach, our firm has helped clients protect their rights after workplace discrimination, and have recovered significant verdicts and settlements for our clients. We understand the requirements for reasonable accommodations under the ADA and can help you understand your rights.

Experienced Florida Disability Accommodations Lawyer

Federal law states that these accommodations need to be considered “reasonable”. Reasonable accommodations do not include removing job functions that are essential, creating new jobs or providing personal need items like eyeglasses or wheelchairs. Employers are also not required to provide transportation as an accommodation for a commute to work under most circumstances. They may, however, need to make an accommodation by altering a work schedule for an individual who uses a wheelchair and commutes by public transportation, for example.

The regulations under the ADA can be complex and it is important to speak with an experienced attorney for more information. We can educate you on your rights and what the law says regarding these accommodations.

Learn More About The ADA Reasonable Accommodations

For more information about reasonable accommodations under the ADA, contact us in Florida and schedule a free initial consultation. Call us at 561-560-5597 to make an appointment.