If you’ve been treated unfairly at work because of a disability, you don’t have to face it alone. The Fort Lauderdale ADA claims and violations lawyers at the Law Offices of Anidjar & Levine are here to stand up for your rights. We know how frustrating and overwhelming workplace discrimination can be, and we’re committed to helping you fight back. Our team of Fort Lauderdale personal injury lawyers works tirelessly to recover the compensation and justice employees with disabilities deserve. Call us today to get started.
You Have Rights Under The Americans With Disabilities Act
Disability discrimination is against the law. The Americans with Disabilities Act (ADA) is a federal law that protects qualified employees from being treated unfairly in the workplace because of a disability throughout the United States.
Under the ADA, employers cannot make decisions about hiring, firing, promotions, pay, or any other conditions of employment based on disability. These protections are enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
The law is on your side, and you have the right to demand equal treatment and fair opportunities in the workplace.
Understanding What Counts As A Disability
The ADA defines a disability broadly to ensure that individuals with many different types of conditions are protected. A disability is generally considered:
- A physical, mental, or medical impairment that limits one or more major life activities (such as walking, seeing, hearing, learning, or working)
- A history of such an impairment
- Being regarded or treated by an employer as having an impairment, even if you do not
The law also prohibits discrimination based on association. For example, an employer cannot deny you opportunities simply because your spouse or child has a disability.
Importantly, employers cannot pressure applicants to reveal medical records, ask invasive health questions during job interviews, or make hiring decisions based on assumptions about a disability.
Examples Of Disabilities Protected By The ADA
The ADA covers a wide range of conditions, including but not limited to:
- Chronic health conditions such as diabetes, epilepsy, cancer, or heart disease
- Genetic disorders and physiological impairments
- Loss of limbs or other anatomical differences
- Serious mental health conditions such as depression, anxiety, or post-traumatic stress disorder (PTSD)
- Intellectual or developmental disabilities
- Learning disabilities, including dyslexia
- Neurological disorders, including traumatic brain injuries or multiple sclerosis
- Disfigurements and other physical impairments
Because the law is written to be broad and inclusive, even conditions not specifically listed may qualify as a disability under the ADA if they substantially limit a major life activity.
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What Employers Cannot Ask or Do Under the ADA
Under Title I of the Americans with Disabilities Act (ADA), employers with 15 or more employees must provide equal opportunities to qualified workers with disabilities. This protection extends to every aspect of employment, including hiring, pay, promotions, training, and benefits.
Questions Employers Cannot Ask
During job interviews or before making a job offer, employers are not allowed to:
- Ask whether you have a disability
- Request your medical records
- Ask questions about your health conditions or require medical exams that are not job-related
An employer should focus only on whether you can perform the essential functions of the job, with or without reasonable accommodations.
Prohibited Discrimination
Employers cannot treat disabled workers differently in a way that harms their career opportunities. This includes:
- Segregating or isolating employees with disabilities
- Limiting opportunities for advancement or training
- Using unfair tests or hiring practices designed to screen out disabled applicants
Reasonable Accommodations
The ADA also requires employers to provide reasonable accommodations for employees with known physical or mental limitations unless doing so would create an “undue hardship” for the business. Examples of reasonable accommodations include:
- Providing interpreters or assistive technology for employees with hearing or vision impairments
- Adjusting schedules or duties to allow medical treatment or recovery time
- Making sure work areas and meeting spaces are wheelchair accessible
- Modifying testing or training materials so that they are accessible to all employees
If your employer refuses to provide accommodations, asks inappropriate medical questions, or treats you unfairly because of your disability, you may have a legal claim. Speaking with a Fort Lauderdale ADA claims and violations lawyer can help you protect your rights and take the right steps to move forward. Contact the Law Offices of Anidjar & Levine to get started on your case right away.
ADA Claims Against Businesses And Property Owners in Fort Lauderdale
The Americans with Disabilities Act (ADA) does more than protect employees in the workplace. It also requires businesses, landlords, and property owners to make sure that people with disabilities have equal access to goods, services, and public spaces. This part of the law, Title III of the ADA, applies to places open to the public, such as:
- Stores, shopping centers, and restaurants
- Hotels and resorts
- Office buildings
- Theaters and entertainment venues
- Public parks and recreation areas
- Professional offices, including doctors and dentists
- Apartment complexes and rental properties
Common ADA Violations By Businesses And Property Owners
You may have grounds for an ADA claim if a business or property owner fails to comply with the ADA. Examples include:
- Entrances without ramps or elevators, making it impossible for wheelchair users to enter
- Narrow doorways, aisles, or restrooms that don’t meet accessibility standards
- Lack of designated accessible parking spaces
- Refusing to allow service animals on the premises
- Websites or digital services that are not accessible to people with visual or hearing impairments
- Denying equal access to facilities, programs, or services based on disability
What Remedies Are Available?
If a property owner or business violates the ADA, you may be entitled to:
- Court orders requiring the business to remove barriers or make accommodations
- Compensation for out-of-pocket expenses, emotional distress, or other damages
- Attorney’s fees and legal costs
By holding businesses accountable, ADA claims help ensure that people with disabilities can live, work, and participate in their communities with dignity and independence.
If you’ve faced barriers to access or been turned away by a business in Fort Lauderdale or elsewhere in Florida, you don’t have to let it slide. A Fort Lauderdale ADA claims and violations lawyer can help you understand your rights and take action to make sure property owners follow the law.
Our Fort Lauderdale ADA Claims and Violations Lawyers Work On A Contingency-Fee Basis
Our team goes the extra mile for our clients; partnering with us means you’ll have direct access to your ADA lawyer’s phone number and the peace of mind of getting started with no upfront costs.
No upfront fees is part of our contingency fee agreement, and it is how we serve many of our clients. You do not worry about paying us until your case successfully comes to an end. You only pay our fees if we recover compensation.
You Have A Limited Time To File Your Case
ADA claims must be filed with the EEOC within 180 days of the date of discrimination or 300 days if there is a state or local agency that enforces laws that prohibit discrimination based on the same actions. Workers alleging disability discrimination must first file a charge with the EEOC before they can bring a lawsuit against their employers in federal court.
The EEOC will investigate the complaint and issue a “right-to-sue” letter if it determines there has been a violation of the ADA.
What To Do If You Suspect Discrimination
If you believe you are being discriminated against at work because of your disability, taking the right steps quickly is important. Here’s a simple checklist to guide you:
- Document everything. Keep detailed records of incidents, conversations, and any requests for accommodations you made.
- Review your employee handbook. Look for company policies on discrimination and accommodations.
- Report internally. File a complaint with HR or your company’s compliance office.
- File an EEOC charge. If the issue is not resolved, you may need to submit a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
- Contact an attorney. A disability discrimination lawyer can help you protect your rights, meet critical filing deadlines, and build a strong case.
Frequently Asked Questions
Can My Employer Fire Me If I File An ADA Complaint?
No. Retaliation against employees who assert their ADA rights is illegal. If your employer fires you, demotes you, or takes any adverse action because you filed a complaint, you may have an additional legal claim.
What If My Employer Says Accommodations Are Too Expensive?
Employers must provide reasonable accommodations unless they can prove doing so would cause “undue hardship,” which is a significant difficulty or expense. Most accommodations are low-cost and practical, and many businesses cannot justify denying them.
Do I Need To Disclose My Disability To An Employer?
You are not required to disclose your disability unless you are requesting reasonable accommodations. In that case, you may need to provide documentation to show how the accommodation will help you perform essential job functions.
Call Our Fort Lauderdale ADA Claims and Violations Attorneys Today
If you have suffered disability discrimination, the caring Fort Lauderdale ADA claims and violations attorneys at the Law Offices of Anidjar & Levine can help. We are dedicated to helping you obtain the compensation you deserve.
We can assist you in filing a claim with the EEOC and present your case. Because the complaint and appeals process is somewhat complex, our attorneys can help you cut through the red tape and aggressively pursue your claim.
Call for a free consultation, or learn more about our Fort Lauderdale Social Security disability lawyers if you also need help with an SSDI or SSI claim.
