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Disability Discrimination Attorney in Jacksonville

Workers with disabilities face enough challenges without being put at a further disadvantage within their workplace. In some cases, employees with disabilities are denied the same employment opportunities as people without disabilities. Typically, disabled workers do not want special treatment but simply desire to be afforded a level playing field within their career. If you believe you are being discriminated against or treated improperly, the Jacksonville employment lawyer can help ensure that you receive the accommodations your disability requires.

Americans with Disabilities Act

Individuals with disabilities are defined under the Americans with Disabilities Act (ADA) as having the following:

  • Physical or mental impairment that substantially limits one or more major life activities
  • Record of having such impairment
  • Being regarded as having such an impairment

The ADA was amended pursuant to the ADA Amendments Act of 2008 (ADAAA). The ADAAA kept the same structure as the ADA but amended the definition of disability to include a broader interpretation. The goal of the act is to provide individuals with the maximum amount of protection permitted under the law.

Some of the most common impairments that can qualify as a disability include:

  • Diabetes
  • Chronic back conditions
  • Heart disease
  • Asthma
  • Learning disabilities
  • Extremity, vision, and hearing impairments

In addition, the ADAAA prohibits discrimination against employees on the basis of being regarded as disabled. Under the ADAAA and Florida Civil Rights Act, employers are prohibited from discriminating against employees based on an actual or perceived impairment, whether it is physical or mental.

The ADAAA prohibits acts of discrimination against qualified individuals with disabilities who are capable of performing the essential functions of their jobs, with or without reasonable accommodations.

Employers subject to the ADAAA and the Florida Civil Rights Act are prohibited from discriminating against a qualified individual with a disability in regard to:

  • Job application procedures
  • Hiring
  • Advancement
  • Discharge of employees
  • Employee compensation
  • Job training
  • Terms of employment
  • Conditions of employment
  • Privileges of employment

Disability discrimination laws also prohibit employers from creating a hostile work environment and retaliating against disabled workers who engage in protected activities.

Additional Laws Regarding Disability Discrimination

Federal and Florida laws also require most employers to provide reasonable accommodations to disabled employees upon request.

The two conditions for this requirement are that:

  • The employee must be able to perform the essential functions of the job
  • The accommodation at issue will not impose an undue hardship on the employer

Unfortunately, many employees do not know the options they have and assume that they must perform their job duties in the same manner as non-disabled employees.

Reasonable accommodations include:

  • Modified work schedules
  • Job restructuring
  • Accessible facilities
  • Modified equipment
  • Modified devices
  • Transfers to alternative positions
  • Adjustment of examinations
  • Adjustment of training materials
  • Adjustment of policies

The goal in these accommodations is to allow disabled employees to perform the essential functions of their jobs and consequently carry on productive and successful careers. If you are an employee with a disability or believe you are being treated differently because of a perceived disability, it is imperative that you know your legal rights.

Contact the Law Office of Shands M. Wulbern, P.A. for legal assistance from the Jacksonville disability discrimination attorney.