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Contact a Miami Disability Discrimination Lawyer
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Far too often, Americans are discriminated against in the workplace. In efforts to break down barriers that have prevented Americans with disabilities from receiving fair and equal treatment in the workplace, the Americans with Disabilities Act was passed in hopes of protecting the civil rights of individuals with disabilities and guaranteeing equal opportunity.
In 2004, the Equal Employment Opportunity Commission (EEOC) of the United States received 15,376 complaints of Disability Discrimination in Miami. Under Title I of the Americans with Disabilities Act of 1990, private employers, state and local governments, employment agencies and labor unions are prohibited 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.
A person is considered to have a disability if he/she has a physical or mental impairment that significantly limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment, according to the EEOC. An employer is free to select the most qualified applicant regardless of present disabilities, but the employer must consider whether an individual qualified to perform essential job functions except for limitations caused by a disability could perform these functions with a reasonable accommodation.
Under the Americans with Disabilities Act, an employer is not allowed to ask or require a job applicant to take a medical examination prior to making a job offer or make any pre-employment inquiry regarding disability or the nature or severity of a disability. If an individual’s disability might affect job functions that are required to successfully fulfill the position, an employer, with certain limitation, may ask the individual to describe or demonstrate how he/she would perform the tasks.
If all starting employees in a job category are required to take a medical examination, an employer may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry, which does not have to be job-related and consistent with business necessity. It is considered Disability Discrimination in Miami if an employer asks job applicants about the existence, nature or severity of a disability. Also, it is illegal to retaliate against an individual for opposing employment practices that may discriminate based on disability or for filing a discrimination charge, testifying or participating in any way in an investigation, proceeding or litigation under the Americans with Disabilities Act.
If you believe you were the target or witness to Disability Discrimination in Miami, charges can be filed at any U.S. EEOC field office. It is also advised to contact a qualified attorney to learn your legal rights and options should you decide legal action is necessary. Please contact us for more information on Disability Discrimination in Miami and to confer with a qualified attorney.
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Contact a Miami Disability Discrimination Lawyer
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