ADA Employment Discrimination Lawyers in Florida
Serving Palm Beach County, Broward County & Miami-Dade County Since 2009
Having a disability sometimes requires a reasonable accommodation, but that doesn’t always stop employers—even well-meaning ones—from overlooking important details that make it harder for their employees to do their jobs. While many companies take care not to violate the law, others mistreat their employees by preventing them from doing their jobs, withholding their pay based on physical characteristics, or otherwise violating labor laws. At the Law Offices of Nolan Klein, our ADA employment discrimination lawyer can help you identify if your ADA rights are being violated and move you in the right direction with your case.
Bringing a Lawsuit against an Employer
ADA claims against employers are increasingly common. In order to establish a case of discrimination under the ADA, an employee must demonstrate that they suffer from a qualifying disability and that they were subjected to unlawful discrimination because of that disability. Any complaint must be submitted to the (Equal Employment Opportunity Commission) EEOC within 180 days of the date of the discrimination incident.
In order to file a successful lawsuit, claimants must prove that they were actual employees—not contractors. To determine this, some courts will apply a hybrid test that considers the extent of the employer’s right to control the means and manner of the worker’s performance.
Factors in this test could include:
- The kind of work, with reference to whether the work usually is done under supervision
- The skill required in the particular occupation
- Whether the employer or the individual in question furnishes the equipment used in the place of work
- The length of time during which the individual has worked
- The method of payment, whether by time or by the job
- The manner in which the work relationship is terminated
- Whether annual leave is given
- Whether the work is an integral part of the business of the employer
- Whether the worker accumulates retirement benefits
- Whether the employer withholds taxes
- The intentions of the parties
Offering Appropriate Accommodations
The ADA defines “disability” as a physical or mental impairment that substantially limits one or more major life activities. In order to establish that he is disabled under the ADA, an employee must specifically demonstrate that a major life activity is substantially limited as a result of his disability. An employee cannot state a claim where the alleged disability does not substantially inhibit a major life activity (for example, walking).
A disabled employee must request a reasonable accommodation before there arises any obligation to provide one. Mandatory accommodations are those which will allow an otherwise qualified disabled employee or applicant to perform the essential functions of his or her job. Critical to the analysis of the requested accommodation is whether it will allow the disabled employee to perform the needed job for the employer. There is no obligation to provide a different job to accommodate a disability.
What Happens After Filing a Lawsuit
In order to bring a claim for discrimination under the ADA, an employee must first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) which will notify the employer of the allegations against it, allowing them to participate in conciliation. Generally, a party not given this appropriate notice may not be sued in a later civil action. The Law Offices of Nolan Klein can help you plan an effective case to pursue your interests.
For more information about your case, call (877) 745-0090 now.
Acted Quickly- Lauren M.
Great Results- Brenda L.
Resolved Effectively- Randy L.
Highly Recommend- Trini G.
Great Experience- Jason T.
$400 Thousand Hotel Injury
Settlement for client injured by a large hotel.
$1.2 Million Accident Injury
Settlement for client hit by a car while riding on her bicycle.
$13 Million Class Action
We obtain a settlement valued at nearly thirteen million dollars for a nationwide class.
$1.4 Million Settlement Enforcement
Judgment obtained after breach of settlement agreement. Fully collected.
$235 Thousand Unpaid Overtime Class Action
Settlement for supermarket workers who were not paid overtime.
$475 Thousand Wrongful Termination
Settlement reached for client after contract was wrongfully terminated.
$400 Thousand Wrongful Termination
Settlement for a client whose business contract was wrongfully terminated.
$655 Thousand Hotel Injury
Settlement for client injured by a major hotel chain.
$500 Thousand Accident Injury Settlement
Client was injured at a theme park hotel.
$975 Thousand Injured Employee
Settlement reached after our client was injured while on the job.
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