A disabled individual faces many struggles in life, but those struggles should not extend to the workplace. National laws such as the Americans with Disabilities Act (ADA), the Rehabilitation Act and the Florida Civil Rights Act of 1992 all exist to protect handicapped individuals from experiencing employment discrimination.
There are many forms of handicap and disability discrimination at work, ranging from refusal to hire a person, to denying Family and Medical Leave Act-eligible parties from taking a leave of absence. Some may be offered a lower hourly wage or salary; others may be denied the benefits package that would be offered to an able-bodied individual. The current disability discrimination laws protect individuals suffering from an actual limitation (both physical and mental) and perceived disabilities (i.e. an individual whom others assume suffers from a limitation or health issue.)
If you have been the victim of disability discrimination at work and are considering a formal complaint or would like to file a legal claim, it’s important to take action immediately because the law limits the timeframe for filing an EEOC complaint or a workplace disability discrimination lawsuit. Our law firm can also represent clients who’ve been discriminated against in other ways, including cases of pregnancy discrimination, wrongful termination and unfair treatment due to religion, race, national origin and even sex.
Our labor attorneys can also assist employers who’ve been wrongfully accused of discrimination against a handicapped employee.
Contact the Orlando lawyers of the Law Office of Hogan & Hogan, P.A. to discuss your case in a free, confidential consultation. Call 407-422-2188.
The Most Common Questions About Disability Discrimination and Discrimination Laws
The Orlando attorneys of the Law Office of Hogan & Hogan, P.A. routinely field questions about disability inequity at work. So our legal team has compiled information on the laws surrounding physical handicaps, mental disabilities, and discrimination on those grounds.
How Does the Law Define a Disability?
According to the Equal Employment Opportunity Commission (EEOC), there are three ways in which a disability can be demonstrated under the law, including:
- the individual has a physical or mental condition that impacts a major life activity, such as walking, talking, hearing or learning;
- the individual has a history of a disability, such as a condition or illness such as cancer that is currently in remission; or
- the person is believed to have a non-transitory (i.e. lasting more than six months) and non-minor physical or mental impairment.
What is the Definition of Workplace Disability Discrimination?
Employment discrimination takes many forms and it can impact people with an actual disability or a perceived handicap.
Some examples include:
- harassment and inappropriate remarks that create a hostile work environment;
- refusing to hire or promote a worker with a disability;
- firing an employee due to their disability;
- denying a leave of absence or time off to a disabled FMLA-eligible employee;
- asking job applicants if they have a disability;
- refusing to make reasonable accommodations for a disabled employee.
If you’re uncertain if you have experienced discrimination for a disability, handicap or health condition, we encourage you to contact our Orlando lawyers to discuss your case. We can provide you with information on the process for seeking justice and how you can go about pursuing litigation.
What is the Process for Filing a Claim for Disability Discrimination at Work?
A victim of workplace handicap discrimination can file a claim with the Equal Employment Opportunity Commission (EEOC) within one year (365 days) of the date when the discrimination or harassment occurred.
When you file a claim with one of these agencies, the employer will receive a notification. They will be provided with a chance to provide a written response. Once this is received, the EEOC or FCHR will conduct an investigation. The timeframe for conducting the investigation is 180 days.
The victim may be offered mediation or the agency may pursue the claim if it is deemed to be viable. In other cases, the agency may issue a “right to sue” document, which allows you to proceed with a lawsuit.
In what’s known as a requirement for the “exhaustion of administrative remedy,” employment discrimination lawsuits cannot be filed until the claim is investigated and the “right to sue” document is issued.
How Long Do I Have to File a Discrimination Lawsuit?
You have 90 days to file a lawsuit once the EEOC files a “right to sue” document. If you choose to file a disability discrimination lawsuit based upon your state claim with the FCHR, you will have four years from the date of the discrimination event or one year from the agency’s “probable cause” determination date.
Our Orlando Attorneys Will Help You Seek Justice With a Disability Discrimination Lawsuit or Claim
Discriminating for a disability is just one of the many forms of employment discrimination. This experience can be very devastating for the victim, who may already be facing physical, emotional, social and financial challenges as a result of their health or medical condition.
At the Central Florida Law Office of Hogan & Hogan, P.A., we take a “clients first” approach to every case that we handle. We believe that this approach eliminates much of the stress associated with the legal process, providing a significant benefit to our clients.
The law does limit the timeframe for filing a work discrimination lawsuit, so we recommend that you contact our employment lawyers to discuss your case in a confidential, no-cost session. Contact the Orlando discrimination lawyers with the Law Office of Hogan & Hogan, P.A. by calling 407-422-2188.