Common Signs of Disability Discrimination in a Workplace

Employees in South Florida have protections under state and federal law against disability discrimination in the workplace. These protections extend to the application and hiring process, as well as to ongoing employment with an employer. The Florida Civil Rights Act (FCRA) and the Americans with Disabilities Act (ADA) prohibit employers from discriminating against a job applicant or employee because of a disability. The ADA also requires employers to provide reasonable accommodations for disabilities, including physical and mental disabilities. To be sure, the ADA covers “visible” as well as “invisible” disabilities that employees may experience.

For many employees who are working with disabilities, it can be difficult to know if you are currently experiencing discrimination or if an action your employer took constituted unlawful discrimination. You might even have other co-workers, or friends or family members, telling you to simply “let it go.” Yet if your employer violated your rights and discriminated against you on the basis of a disability, you could be eligible to file a claim. To determine if you have a claim, you should seek advice from a Palm Beach Gardens employment discrimination attorney. In the meantime, the following are common signs of unlawful disability discrimination in the Florida workplace.

Offensive Comments Concerning Your Disability (or Others’ Disabilities) 

Even if you are not certain that comments are unlawful, co-worker or employer comments that are offensive about people with disabilities, or concerning your disabling condition, can be an indicator that unlawful discrimination in the form of harassment is occurring in your workplace.

Employer Refusal to Provide a Reasonable Accommodation 

Unless an employer can prove that providing a reasonable accommodation would constitute an undue hardship, employers usually must provide a reasonable accommodation for a disability when one is requested and when the employee has evidence to support the request. An employer’s refusal to provide a reasonable accommodation may constitute a violation of the ADA.

Not Being Hired for a Job 

The fact alone that you were not hired for a job is not enough to bring a disability discrimination claim, but you may have more evidence that points to the fact that you were not hired because of your disability. For example, did the employer bring up concerns about disabilities during the job application process, or did the employer ask questions designed to determine whether you would be seeking an ADA accommodation if hired? These types of details, as well as others, may be signed that not being hired for a job resulted from unlawful disability discrimination.

Contact Our Palm Beach Gardens Disability Discrimination Lawyers 

If you have even the slightest concern about disability discrimination in your workplace, or in a job application process you went through recently, it is extremely important to discuss the specific facts with one of the experienced Palm Beach Gardens disability discrimination attorneys at Sconzo Law Office. Disability discrimination can take many forms, and it can often be subtle. Yet just because discrimination is not over does not mean that it is any more lawful. We can help you to hold a discriminatory employer accountable. Contact us today for assistance.

Sources:

eeoc.gov/disability-discrimination-and-employment-decisions

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