Disability Discrimination

Discrimination on the Basis of Disability

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. In Florida, the Florida Civil rights Act provides similar protection under state law.

The laws prohibiting disability discrimination are very complex, and as a result of a recent amendment to the ADA effective in January 2009, the laws have changed substantially. At the Law Offices of Archibald J. Thomas, III, P.A. we have been representing employees under the ADA ever since the law was first passed in 1992. Mr. Thomas published an article several years ago in the Employee Rights Quarterly discussing how to request a reasonable accommodation under the ADA. The laws against disability discrimination are somewhat unique because of the requirement of reasonable accommodation. If you or a loved one has issues in the workplace regarding disability discrimination or the employers obligation to provide reasonable accommodations, call our office to schedule an appointment with one of our lawyers. We can review these complex matters with you in detail and answer any questions or address any concerns you may have concerning your rights under the law.

Basic Overview of the Laws Prohibiting Disability Discrimination

An individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to: Making existing facilities used by employees readily accessible to and usable by persons with disabilities. Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. For example: A deaf applicant may need a sign language interpreter during the job interview. An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels. A blind employee may need someone to read information posted on a bulletin board. An employee with cancer may need leave to have radiation or chemotherapy treatments. An employer does not have to provide a reasonable accommodation if it imposes an “undue hardship.” Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids. An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individualʹs needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide. Title I of the ADA also covers: Medical Examinations and Inquiries Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.

Disability discrimination claims must first be filed with the Equal Employment Opportunity Commission or Florida Commission on Human Relations before a lawsuit may be filed. If you have any questions regarding the EEOC or FCHR process or any other aspect of your rights under the laws prohibiting disability discrimination, please call to schedule an appointment with one of our lawyers. We can schedule a conference by telephone if you prefer by calling our office at 904-396-2322.

Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee’s request for a reasonable accommodation would be considered medical information subject to the ADA’s confidentiality requirements.

Drug and Alcohol Abuse

Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA’s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

Retaliation

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.