Employment Law and Discrimination
Florida employment laws require employers to provide fair opportunities to every individual who can perform the essential functions of the job for which they are being hired. For instance, employers cannot discriminate against employees on account of their age, gender, race or physical condition.
The Americans with Disabilities Act (ADA) came into existence in 1990 and applies to employers who have fifteen (15) employees or more. The definition of “employee” is very specific. Certain employees may have fifteen (15) part-time employees, yet not be subject to the Americans with Disabilities Act. If an employer is subject to the Americans with Disabilities Act, then they are required to provide reasonable accommodation to employees who have disabilities for the purpose of facilitating further employment. For example, handicap ramps and handicap stalls in the bathrooms may be required to exist in the case where an employer is subject to the ADA. Other reasonable accommodations may include modifications to the job application process, work environment or accommodations that are put in place to enable an employee to enjoy benefits available to other employees. Failure to implement such reasonable accommodations may lead to significant penalties and fines. However, an employer is not required to lower production or quality standards to accommodate a disabled employee.
The term “handicap” is not explicitly defined by the employment laws governing Florida, however, the ADA defines “disability” as follows: 1) having a physical or mental impairment that substantially limits one or more major life activities; or 2) having a record of such impairment; or 3) being regarded by others as having such an impairment. Individuals who meet one of these characteristics who have been discriminated against and/or not allowed reasonable accommodations may have a cause of action against their employer or prospective employer.
The Ticktin Law Group is extremely knowledgeable in employment and labor law matters and offers complimentary consultations. If you or someone you know needs an employment law attorney, contact the attorneys of the Ticktin Law Group today!