Victim of ADA Disability Discrimination in the Workplace?
If you have been a victim of ADA discrimination in the workplace, a Disability Discrimination Lawyer leads the fight for justice to hold employers accountable for violating the law.
The Americans with Disabilities Act of 1990, Title I, protects Florida employees from disability discrimination. This disability protection covers all aspects of employment – promotions, wages, raises, health insurance, and all other aspects of the job. Wrongful termination may also result from disability discrimination. If you have a disability, it is your right as an American citizen to be treated the same way as anyone else.
A disability discrimination lawyer understands the complexities of ADA discrimination and acts as your advocate, and fights for the best possible outcome for your case. Have you been wrongfully terminated, denied a promotion, or been the victim of another type of disability discrimination? Know you are not alone and deserve to be treated equally and have effective legal counsel. Wenzel Fenton Cabassa, P.A. is a top-rated employment law firm that has experienced and expert disability discrimination lawyers that work aggressively for remedies for your case that may include:
- Reinstatement to your job with all pay and benefits
- Compensatory damages
- Back pay from termination to the settlement or verdict
- Other compensation including emotional or punitive damages
Are you unclear on the issues included in the Americans with Disabilities Act? The basic parameters of disability employment discrimination are pretty straightforward. However, some of the details of what falls under the umbrella of disability employment discrimination may surprise you.
Who is covered?
Employees covered by the ADA include anyone with a mental or physical condition that limits their ability to perform any major life activity – such as limitations on the ability to learn, see, hear, walk, or talk.
Inactive and/or perceived
You also may be considered to have a disability if you have a medical history of a disability that is not currently active. If you are perceived to have a disability – even if you do not – you are covered as well.
Who is not covered?
Not all American citizens are covered by the ADA. The company that employs you must have at least 15 employees. If you work for the federal government, you are also not covered by the ADA. However, you are covered by the Rehabilitation Act of 1973 (which contains similar parameters).
Even in the initial job interview, you have the right not to be treated differently from other applicants. It is unlawful for a hiring manager to ask about or make any references to your disability. You should also not be required to submit to any form of pre-job offer medical testing. If you believe that you were discriminated against during the job interview process because of your disability, contact a disability discrimination lawyer at Wenzel Fenton Cabassa, P.A. today to help you make the best legal decisions for your career and your future.
Right to accommodations
You have the right to reasonable accommodations to allow you to perform the essential functions of your job effectively. These types of accommodations might include:
- wheelchair access,
- supplying assistive technology for a hearing or visually impaired person, or
- an adapted work schedule
These are all potential accommodations contemplated in the ADA and it is the employer’s legal obligation to comply with accommodations for you to perform the duties of your job.
Protection from retaliation
You have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) and to file a lawsuit without fear that you will be demoted or lose your job. A disability discrimination Lawyer will work with you each step of the way to ensure the proper processes are followed.
Additionally, an employer cannot punish you for reporting disability discrimination in the workplace or serving as a witness in another employee’s disability discrimination case. Unfortunately, retaliation is not an uncommon occurrence. But know that protection from retaliation is one of the core components of the ADA, and with the power of expert legal counsel, there are solutions that can be provided to hold employers accountable for illegal behaviors that are in violation of the ADA.
If you feel that you have been discriminated against due to your disability, call the office of Wenzel Fenton Cabassa, P.A. to schedule a free, confidential consultation with a Disability Discrimination Lawyer now.
How We Handle Florida Disability Discrimination Cases
Wenzel Fenton Cabassa, P.A. attorneys fight aggressively against the discriminatory behavior of employers who violate the ADA. With comprehensive knowledge and expertise across employment law, we understand what it takes to hold employers accountable and help clients get justice and the compensation that they deserve. We work diligently in the best interest of our clients and do not hesitate to go to court if an appropriate settlement cannot be reached.
Contact a Disability Discrimination Lawyer in Florida
A disability discrimination lawyer is the legal expert when it comes to discrimination in the workplace. Employers will have legal representation and can often try to bully or harass employees, so they do not have to follow the ADA. Consulting a legal expert is the best way to determine your optimal legal options if you have been discriminated at work because of a disability.
Contact Wenzel Fenton Cabassa, P.A. today to set up a free, confidential consultation. We are relentless fighters when it comes to your rights and are dedicated to justice and equality in the workplace.
Frequently Asked Questions
How do I file a disability discrimination lawsuit?
A disability discrimination lawyer can help you file a disability discrimination charge with the United States Equal Opportunity Commission. The charge should be carefully constructed with a description of the events, including any relevant documentation that can support your claim.
What is the law on disability discrimination in Florida?
In addition to the federal ADA, Florida also has laws to protect employees from discrimination. The Florida Civil Rights Act covers public and private employers with 15 or more employees and prohibits discrimination based on a disability. A charge filed with the EEOC will be dual filed with the Florida Commission on Human Rights. If you have missed the filing deadline under federal law, you may still have time to bring a charge under state law.
There are also two laws targeted specifically for public employers, including county and municipal departments: The Public Employment Discrimination Law and the Vocational Rehabilitation Law (including protecting those who use a service animal).
What is the Disability Discrimination Act?
Disability discrimination is covered in the U.S. by the Americans with Disabilities Act of 1990.
Comprehensive information regarding disability discrimination can be found at the U.S. Equal Employment Opportunity Commission’s page here. This includes information in regards to work situations, harassment, reasonable accommodation, and more.