The Fort Lauderdale personal injury lawyers who handle ADA claims at the Law Offices of Anidjar & Levine are dedicated to fighting for the rights of employees who suffer discrimination because of their conditions. We have extensive experience handling all types of ADA claims, recovering compensation for disabled workers in Fort Lauderdale and other areas of Florida.
We Work on a Contingency-Fee-Basis
Our team goes the extra mile for our clients. When you team up with us, not only will you get your attorney’s phone number, but we can also start rendering services at no upfront cost.
This is called working on a contingency-fee-basis, and it is how we serve many of our clients. Do not worry about paying us until your case successfully comes to an end. Otherwise, you don’t pay our attorney’s fees.
You Have Rights under the Americans with Disabilities Act
It is unlawful to discriminate against qualified employees based on their disabilities. The Americans with Disabilities Act (ADA) is a federal law that specifically prohibits discrimination on the basis of disability in employment.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the provisions of the ADA. Despite the various protections provided by federal civil rights laws, the EEOC still receives more charges of disability discrimination than any other type of complaint.
The EEOC received approximately 25,000 ADA claims in 2011 alone. According to recent statistics, the Commission expects to receive approximately 30,000 new complaints this year. This represents a 42% increase in the number of claims filed since 2009.
Understanding What Constitutes a “Disability”
The ADA defines “disability” as any physical, mental, or medical impairment that affects one or more body systems and limits a major life activity. The law also covers any health impairment that requires special education or related services, such as a telecommunication relay service.
The ADA does not only protect individuals with actual disabilities but also those who “have a record of” impairment or are “regarded as having” an impairment. Thus, perception is important under the ADA.
An employer who suspects an applicant or employee has cancer cannot ask about the illness or compel the disclosure of medical records. They are also prohibited from discriminating against employees based on their “relationship or association with” other individuals with disabilities. This includes disabled spouses and family members.
Specific Examples of Disabilities Recognized By the ADA
Examples of physical and medical disabilities protected under the ADA include:
- Genetic diseases
- Anatomical losses
- Physiological disorders
- Cosmetic disfigurements
- Physical health impairments
- Mental retardation
- Learning disabilities
- Organic brain syndrome
- Mental or emotional illness
- Other psychological disorders
Employers Are Not Permitted to Ask Certain Questions
Title I of the ADA covers employers with 15 or more employees. It requires them to give disabled individuals a chance to benefit from the same employment-related opportunities available to others. This means employers are prohibited from discriminating against disabled applicants or employees in any aspect of work, including pay, hiring, recruitment, promotions, and other employment privileges.
Under this section, employers are restricted from asking questions about an applicant’s disability during an interview or before making a job offer. Discrimination includes segregating, limiting, or characterizing disabled applicants or employees in a manner that “adversely affects” their employment opportunities.
Under the ADA, employers must also provide reasonable accommodations to the known “physical or mental limitations” of disabled workers– unless doing so would result in “undue hardship.”
This may involve hiring interpreters for individuals with hearing impairments or using rooms accessible to wheelchairs during the recruitment process. Employers are also prohibited from using unfair testing criteria to “weed out” applicants with disabilities. Learn about Florida social security disability law.
If you need help with employment discrimination or getting benefits, talk to a disability attorney in Fort Lauderdale about your situation. The law protects your rights and, with the proper lawyer by your side, you can make sure others do too.
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 the charge is filed with a designated state local fair employment practice agency. 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.
Call Our Team Today to Learn More
If you have suffered disability discrimination, the caring Fort Lauderdale ADA violation attorneys at the Law Offices of Anidjar & Levine can help. We have extensive experience handling employment discrimination claims and 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 contact us online, or learn about our Fort Lauderdale social security disability lawyers.
We Can Help.