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Michelle Cohen Levy
Michelle Cohen Levy

Disability Discrimination In The Workplace

I am Michelle Cohen Levy, and at my firm, I help clients in Fort Lauderdale and throughout South Florida with their employment discrimination claims. Both the federal government and state law protect disabled employees against workplace discrimination.

If you feel that you have been discriminated against in the workplace because of your disability, I can help.

The Americans With Disabilities Act

Adopted in 1990, the Americans with Disabilities Act (ADA) protects disabled employees in the workplace by requiring that an employer provide reasonable accommodations for those with disabilities. It guarantees that those with disabilities have the same rights and opportunities as others. It applies to companies with more than 15 employees. Employers who are subject to the ADA cannot discriminate against someone who is qualified for the job in the hiring or training process, promotions, pay, benefits or termination. Employers must also have posted information about the ADA and employees’ rights under the ADA.

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the ADA and making sure that employers comply with disability laws in the workplace.

Disabilities And Reasonable Accommodations In The Workplace

The ADA defines a disabled person as someone who:

  • Has a physical or mental impairment that “substantially limits one or more major life activities”
  • Has a history of a previous such impairment (for example, an illness like cancer, that is in remission)
  • Is perceived by others as having a physical or mental impairment (for example, a disfiguring scar from a previous injury)

The ADA allows for a broad definition of substantial limits and generally, means that the disabled person is not able to perform an activity in the same way as an average, non-disabled person. Some examples of disabilities included under the ADA include:

  • Illnesses like cancer or diabetes
  • Post-traumatic stress disorder diagnoses
  • Autism
  • Hearing loss or deafness
  • Impaired vision or blindness
  • Mobility disabilities
  • Traumatic brain injuries

Under the ADA, employers must make reasonable accommodations for those with disabilities. A reasonable accommodation is a change that allows the qualified disabled person to perform the essential functions of the job and have equal employment opportunities. Additionally, a reasonable accommodation is one that does not cause the employer undue hardship.

If you think that you have suffered workplace discrimination and an employer refused to hire you because of your disability; if you believe that you were fired or demoted because of your disability; or if you have suffered harassment in the workplace because of your disability, I can help.

Have You Suffered Disability Discrimination? Call Today

I am passionate about helping those who have been treated unfairly in the workplace. If you feel that you have been discriminated against because of a disability, don’t wait. Call me today at 954-687-9782 or send me an email through my online form to schedule your initial consultation.