“Invisible” Disabilities and Workplace Discrimination

The federal Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for job applicants and employees with disabilities unless the employer can show that providing the reasonable accommodation would constitute an undue hardship. While some employers may be more understanding than others, this is what the law requires. And it is important to know that federal law does not define disabilities based solely on physical impairment, or any obvious or visible type of impairment. According to the ADA, a person with a disability means “a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.”

In other words, the definition is relatively broad, and it includes a wide range of disabilities that are commonly known as “invisible” disabilities. If you have an “invisible” disability, it is essential to understand that you have the same rights as a person with a visible disability to an employer. Our Palm Beach Gardens employment discrimination attorneys can provide you with more information.

What is an “Invisible” Disability? 

What is an “invisible” disability? According to the National Education Association (NEA), “not all disabilities are apparent from the outside,” and there are many disabilities that make a person eligible for an ADA accommodation even if the disability is “invisible” or “non-apparent.” To put it another way, invisible disabilities are those that may not be noticed by another person but nonetheless impair a person’s ability to engage in one or more major life activities.

There are many types of invisible or non-apparent disabilities that result in substantial impairment, such as anxiety and depression, cancer, epilepsy, HIV, and other types of mental health conditions, medical conditions, and neurological conditions.

Legal Rights and Protections Related to “Invisible” Disabilities in Florida Workplaces 

If you have an invisible or non-apparent disability, you may be eligible to receive a reasonable accommodation from your employer. Under the ADA, you will need to request a reasonable accommodation based on your limitations, and your employer may ask for medical documentation. You will need to be in communication with your employer and to respond to such requests. You should know that your employer does not necessarily need to provide the reasonable accommodation of your choice, but rather a reasonable accommodation that would put you on equal footing with other employees in the workplace.

Unless your employer can show that providing a reasonable accommodation would impose an undue hardship on the business, you must receive a reasonable accommodation — regardless of whether or not your disability is visible or apparent to your employer or to anyone else in your workplace.

Contact a Palm Beach Gardens Disability Discrimination Attorney 

Employers have obligations under the law to provide reasonable disability accommodations, regardless of whether an employee’s disability may be visible or invisible. If you have any questions or concerns about seeking a reasonable accommodation under the ADA, it is important to seek advice from an experienced Palm Beach Gardens disability discrimination lawyer at Sconzo Law Office as soon as possible. We can begin working with you on a claim to help you obtain the accommodation and remedies you need. Contact us today for assistance.

Sources:

nea.org/nea-today/all-news-articles/what-know-about-invisible-disabilities

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html

ada.gov/