West Palm Beach Disability Discrimination Attorneys
Fighting for Your Rights as a Disabled Employee
People with disabilities cannot help the situation they find themselves in. However, they are often treated differently or unfairly compared to those who are considered to be “able-bodied.” The stigma against individuals living with disabilities is so pervasive that even at work people may find themselves discriminated against.
Fortunately, such a thing is illegal under state and federal law. Yet, taking action can be a daunting affair, especially if you are already in a situation in which you have been abused or mistreated by your employer and/or coworkers.
Sconzo Law Office, P.A. can help. Our West Palm Beach disability discrimination attorneys stand up to negligent employers regularly and are not afraid to take on even the largest companies on your behalf. The law is on your side and we will do whatever we can to collect evidence and build a claim that will hold up in court and help you attain the justice and compensation you deserve.
Disability Rights Laws
The Americans With Disabilities Act, more commonly known as the ADA, is a federal law that provides protections to individuals with disabilities. However, your disability must be “covered” or “perceived” meaning that you can verify you have a certain type of disability.
Under the Florida Civil Rights Act (FCRA), Florida state law—as well as many local laws in certain Florida counties—provides similar protections. These laws apply both to workers as well as to job applicants.
An employee is considered disabled under the ADA if they:
- Have a physical or mental impairment that significantly limits one or more everyday life activities,
- Have a medical record on file of such an impairment, or
- Are regarded by their peers as having an impairment.
Laws such as the ADA also require that employers provide “reasonable accommodations” for people who qualify as disabled. This means that as long as the accommodation isn’t incredibly expensive or difficult to install or incorporate, the company has a responsibility to keep their disabled employees comfortable and safe.
Reasonable accommodations might feature:
- Providing ramps, handrails, and other architectural features that make facilities accessible to people with disabilities
- Providing handicapped parking
- Modifying one’s job’s duties or schedules to better fit their needs
- Obtaining or modifying job-related equipment, devices, examinations, training materials, and/or policies
Which accommodations are needed will vary from disability to disability. For example, a person who uses a wheelchair would need different accommodations compared to a deaf person.
Either way, your employer should be helpful when it comes to providing the tools you need to do your job in the space provided. If not, you may be able to file a claim against them.
Examples of Disability Discrimination
Disability discrimination can manifest in a variety of ways. Examples of disability discrimination may include:
- Asking job applicants invasive questions about their past or current medical conditions.
- Requiring job applicants to take medical examinations.
- Building or maintaining a workplace with substantial impediments to the movement of people with physical disabilities.
- Harassing an employee because of their disability.
- Refusing to provide reasonable accommodations to employees with physical or mental disabilities that would better allow them to do their jobs.
- Discriminating on the basis of physical or mental disability in various aspects of employment, including assignments, benefits, firing, hiring, leave, pay, promotions, recruitment, training, and all other employment-related activities.
However, disability discrimination doesn’t always look the same from case to case. If you believe you have been discriminated against based on a disability, write down what happened and save any evidence or records that might corroborate your experience. You can use this to file a complaint and/or to hire a attorney.
Learn How We Can Help You Protect Your Rights
While we unfortunately cannot take away from the frustration, pain, and trauma your employer and/or coworkers may have caused due to your disability, we can help to ensure all parties involved are held accountable for their actions. At Sconzo Law Office, P.A., we are prepared to fight hard to uphold your legal rights and hopefully deter your employer from repeating such behavior in the future.
If you are still uncertain whether you have a case or would like to take legal action, please do not hesitate to contact our West Palm Beach attorneys to discuss your options during a free and confidential consultation.
