What Steps Do I Need to Take to Seek a Disability Accommodation?

Employees in South Florida with disabilities — including physical and mental disabilities — have a range of protections against disability discrimination under the Florida Civil Rights Act (FCRA) and under the federal Americans with Disabilities Act of 1990 (ADA). One of the important legal protections concerns disability accommodations. While the FCRA provides protections against disability-related discrimination, the ADA is the law that provides for reasonable accommodations.

Under the ADA, all public employers are covered by the law (and must comply with its terms), and private employers with 15 or more employees are covered. If you work for a covered employer, you should know the steps to take if you want to seek a disability accommodation. Our Palm Beach Gardens disability discrimination lawyers are here to help, and we can also begin working with you if you had a reasonable accommodation request denied.

First, Request the Accommodation 

The first step in obtaining a reasonable accommodation on the basis of your disability is to request the accommodation. The US Department of Labor defines a reasonable accommodation as “a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process” that “enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities.”

While it can be helpful to make your request for a reasonable accommodation in writing so that you have a record of it, the ADA does not require your request to be in writing. You can make the request while speaking in person with an employer, over the phone, over a Zoom meeting, or by any other means of communications.

Next, Meeting the ADA’s Definition of a Disability 

Next, your employer will likely want to determine whether your disability meets the ADA’s definition of a disability requiring a reasonable accommodation. At this point, your employer can ask you for medical evidence of your disability. Typically, you can provide this information with documentation from a health care provider. The ADA defines a disability as “a physical or mental impairment that substantially limits one or more life activities.” A job applicant or employee who is entitled to an accommodation may be a person currently with a disability as the ADA defines it, as well as “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.”

Receive an Accommodation from the Employer 

Employers must provide a reasonable accommodation to an employee with a disability unless they can prove that a reasonable accommodation would create an undue hardship. The reasonable accommodation does not need to be the specific one a job applicant or employee requested, but one that makes the employment environment fair to the job applicant or the employee.

Contact a Palm Beach Gardens Disability Discrimination Attorney 

Whether you have questions or need assistance concerning reasonable accommodations for disabilities in Florida workplaces, or your request for a reasonable accommodation was denied, you should get in touch with an attorney who can assist you as soon as possible. An experienced Palm Beach Gardens disability discrimination lawyer at Sconzo Law Office can speak with you today to answer any questions you have and to learn more about your circumstances. If you need assistance moving forward with a claim, we are here and are ready to assist you.

Sources:

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

eeoc.gov/laws/guidance/your-employment-rights-individual-disability

dol.gov/agencies/odep/program-areas/employers/accommodations