Am I Entitled to a Disability Accommodation?

If you have a physical or mental condition that makes it more difficult for you to perform your job as the position is currently structured, you may be wondering if you could be entitled to a disability accommodation under the law. Title I of the Americans with Disabilities Act (ADA) provides a range of protections for employees with documented disabilities, and it is important to understand what rights you may have under the ADA. An experienced South Florida disability discrimination lawyer can help you after learning the specific details of your situation, but in the meantime, we can tell you more about whether or not you may be entitled to a disability accommodation under the ADA.

Do You Have a Documented Disability According to the Law? 

To have a disability that can qualify you for a reasonable accommodation in your workplace, all of the following must be true of the person:

• They have an impairment that substantially limits one or more major life activities;
• They have a record of this impairment; and
• They have the skills, experience, and/or education required to perform the job even without a reasonable accommodation (they are a “qualified individual”).

An impairment can be a physical or a mental impairment. To “substantially limit one or more major life activities,” the impairment must substantially limit a person’s ability to perform tasks like walking, speaking, working, seeing, hearing, learning, sleeping, lifting, reading, concentrating, or thinking, for example. What does it mean for the impairment to “substantially limit” a major life activity? There is no strict definition, but factors for determining whether the impairment substantially limits includes the nature and severity of the impairment, the length the impairment is expected to last, and any long-term impacts of the impairment.

Is Your Accommodation Request Reasonable? 

You will only be able to obtain a disability accommodation at work if the request is reasonable. The Florida Courts define a reasonable accommodation as “a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity.”

For the accommodation request to be reasonable, in general, it cannot impose an undue hardship on the employer.

Have You Requested a Reasonable Accommodation? 

In order to obtain a reasonable accommodation on the basis of a disability, an employee must request the reasonable accommodation. In other words, an employer is not required to understand that the employee may need an accommodation in order to perform the job and make the accommodation available — the employee must request it and must provide the required information and documentation.

Contact Our Palm Beach Gardens Disability Discrimination Lawyers 

Whether you need assistance seeking a reasonable accommodation, or you need help taking action after being denied a reasonable accommodation in your workplace, an experienced Palm Beach Gardens disability discrimination attorney at Sconzo Law Office can help. Employers with 15 or more employees must abide by the ADA. If you were denied a reasonable accommodation by a covered employer, it is critical to find out more about filing a claim. Contact our firm today to discuss your case and to find out more about taking action.

Sources:

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

flcourts.gov/Administration-Funding/Court-Administration-About-Us/ADA-Information/Title-I-Guidelines#:~:text=protected%20from%20discrimination.-,%22Reasonable%20Accommodation%22,enjoy%20an%20equal%20employment%20opportunity