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Law Offices of Carol M. Galloway, P.A. Jacksonville Bankruptcy Lawyer
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Jacksonville Americans with Disability Act Lawyer (ADA)

Job applicants and employees with disabilities deserve to be treated fairly by potential and current employers. When an employee with a physical or mental disability faces discrimination, or is denied a reasonable accommodation, it may be possible to file a claim under the Americans with Disability Act of 1990 (ADA). Title I of the ADA specifically prohibits disability discrimination in employment, and one of our experienced Jacksonville ADA discrimination lawyers can evaluate your case for you today if you have faced discrimination in the job application or employment process.

What is the Americans with Disabilities Act?

Title I of the ADA prohibits employers with 15 or more employees from discriminating against job applicants or employees on the basis of a disability or a perceived disability. The ADA defines a person with a disability as someone who meets all of the following elements, according to the U.S. Equal Employment Opportunity Commission (EEOC):

  • Has a physical or a mental impairment that substantially limits one or more major life activities; and
  • Has a record of that impairment or is regarded as having that impairment.

The ADA protects job applicants and employees with both physical and mental disabilities, including disabilities that may be described as “invisible” as long as they meet the above requirements. Protections against discrimination include the right for a person with a disability to request a reasonable accommodation to perform the required duties of a job. Beyond protecting job applicants and employees from discrimination, the ADA also prohibits employers from asking job applications about the details of their disability unless the question specifically pertains to the job applicant’s ability to perform a particular required job duty.

Reasonable Accommodations and the ADA

When a person with a disability is qualified to perform the essential functions of a job may be able to request a reasonable accommodation to put that person on equal ground with other employees who do not have disabilities. Examples of reasonable accommodations include but are not limited to the following:

  • Making changes or additions to the workplace in order to make the physical space accessible;
  • Modifying an employee’s work schedule;
  • Providing additional rest or meal breaks;
  • Obtaining devices for the employee’s use; or
  • Adjusting materials or trainings for the employee.

When a job applicant or an employee requests a reasonable accommodation, the employer is required to make a reasonable accommodation unless doing so would create an “undue hardship” for the employer. According to the EEOC, an undue hardship means “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.” Reasonable accommodations will vary depending upon the employee’s disability and the specific facts of the situation.

Seek Advice from a Jacksonville Employment Discrimination Attorney

If you faced discrimination in the job application process as a result of a disability, or if your employer denied your request for a reasonable accommodation, you may be able to file a claim. One of our experienced Jacksonville ADA discrimination attorneys can assist you. Contact the Law Offices of Carol M. Galloway, P.A. for more information.

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