When Are Employees in Florida Protected by the ADA?
The Americans with Disabilities Act of 1990 (ADA) is a federal law that has been protecting individuals with disabilities from discrimination in various capacities since its enactment, including in employment contexts. In 2008, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was passed and took effect on January 1, 2009, and it expanded the definition of a disability under federal law.
The ADA specifically “makes it unlawful to discriminate in employment against a qualified individual with a disability” under Title I. The ADAAA emphasized that the definition of a disability “should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.” When does this law protect job applicants and employees in Florida? And when can a job applicant or an employee consider filing an ADA claim? Consider the following information from our South Florida disability discrimination lawyers.
You Must Be Applying for a Job with or Work for a “Covered” Employer
In order for the ADA to apply to you — that is, in order for you to be protected by it and for you to be eligible to file an ADA claim — you must be applying for a job with or working for a “covered” employer. Under the ADA, a covered employer is an employer with 15 or more employees.
Even if the employer is not covered by the ADA, disability discrimination should not be taken lightly. You may have other options that our lawyers can help you to consider.
You Must Have a Disability According to the ADA
If the employer is covered, then you must have a disability as it is defined by the ADA. Fortunately, since the passage of the ADAAA, the understanding of what constitutes a disability is broader than it used to be. Under the ADA, a disability was defined as “an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.” The ADAAA retained that definition but provided an expanded definition of “major life activities,” explained that a person still has a disability for purposes of ADA protections even if the impairment is episodic or in remission, and more.
In short, the amendments made it possible for more job applicants and employees to have disability protections under the ADA, and to be able to exercise rights under the ADA, including the possibility of filing a claim in the event of discrimination.
Contact Our Palm Beach Gardens Disability Discrimination Lawyers
If you experienced discrimination on the basis of a disability, it is important to seek legal advice about your options for filing a claim under the ADA or the Florida Civil Rights Act (FCRA), or taking alternate action if neither of those laws apply to your case. An experienced Palm Beach Gardens disability discrimination attorney at Sconzo Law Office can discuss the details of your case with you today and explain your options for moving forward with a claim. Contact us today to get started on your disability discrimination case.
Sources:
eeoc.gov/laws/guidance/your-employment-rights-individual-disability
eeoc.gov/statutes/notice-concerning-americans-disabilities-act-ada-amendments-act-2008