Fort Lauderdale Disability Discrimination Lawyer

Disability Discrimination In The Workplace

There are many anti-discrimination laws for employment in the United States enforced at the federal and state levels. Unfortunately, thousands of people each year experience all types of discrimination in their workplaces, including disability discrimination. If you believe that an employer has unjustly discriminated against you due to your disability or medical status, it is important to consult a Fort Lauderdale disability discrimination lawyer right away.

I am Michelle Cohen Levy, and at my firm, I help clients in Fort Lauderdale and throughout South Florida with their employment discrimination claims. Both the federal government and state law protect disabled employees against workplace discrimination. Our team can help you take full advantage of these protections and hold an employer accountable when they have broken the law.

If you feel that you have been discriminated against in the workplace because of your disability, I can help. If you believe you have grounds for a disability discrimination case, it is vital to work with an attorney right away in order to have the greatest chance of success with your case. Your Fort Lauderdale disability discrimination lawyer can explain the laws that apply to your situation and prepare you for the proceedings ahead of you.

The Americans With Disabilities Act

Adopted in 1990, the Americans with Disabilities Act (ADA) protects disabled employees in the workplace by requiring that an employer provide reasonable accommodations for those with disabilities. It guarantees that those with disabilities have the same rights and opportunities as others. It applies to companies with more than 15 employees. Employers who are subject to the ADA cannot discriminate against someone who is qualified for the job in the hiring or training process, promotions, pay, benefits or termination. Employers must also have posted information about the ADA and employees’ rights under the ADA.

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the ADA and making sure that employers comply with disability laws in the workplace. If you believe you have experienced any type of disability discrimination in Fort Lauderdale, you cannot proceed directly to filing a lawsuit against your employer. You will first need to submit a claim to the EEOC, and the agency will need to approve it before moving forward with your case.

Disabilities And Reasonable Accommodations In The Workplace

It is important to understand the legal basis for a disability discrimination claim in Fort Lauderdale, and this means ensuring that the definition of a disability applies to your situation. The ADA defines a disabled person as someone who:

• Has a physical or mental impairment that “substantially limits one or more major life activities.”
• Has a history of a previous such impairment (for example, an illness like cancer, that is in remission).
• Is perceived by others as having a physical or mental impairment (for example, a disfiguring scar from a previous injury). This is important to remember as the victim of disability discrimination may not be disabled at all, but if they were treated unfairly due to the appearance of having a disability, it is still grounds for legal recourse.

The ADA allows for a broad definition of substantial limits and generally, means that the disabled person is not able to perform an activity in the same way as an average, non-disabled person. Some examples of disabilities included under the ADA include:

• Illnesses like cancer or diabetes
• Post-traumatic stress disorder diagnoses
• Autism
• Hearing loss or deafness
• Impaired vision or blindness
• Mobility disabilities
• Traumatic brain injuries

Under the ADA, employers must make reasonable accommodations for those with disabilities. A reasonable accommodation is a change that allows the qualified disabled person to perform the essential functions of the job and have equal employment opportunities. Additionally, a reasonable accommodation is one that does not cause the employer undue hardship.

Building Your Disability Discrimination Case in Fort Lauderdale

If you think that you have suffered workplace discrimination and an employer refused to hire you because of your disability; if you believe that you were fired or demoted because of your disability; or if you have suffered harassment in the workplace because of your disability, I can help. Filing this type of case may be daunting at first, but with the right attorney on your side, you can approach the situation with greater confidence.

The Law Office of Michelle Cohen Levy, P.A., has years of professional experience representing clients in Fort Lauderdale and surrounding areas of Florida with all types of discrimination cases, including disability discrimination cases. We can explain what to expect from the EEOC claim filing process, identify potential damages you could recover if you succeed with the claim, and help you prepare for each new phase of your case.

You will need an attorney’s help to gather evidence and witness testimony to support your claim. If you encounter any unexpected complications with the EEOC’s investigation, we can resolve them for you. When it comes time to file your suit against the employer, trust us to identify all of the damages you are eligible to claim and do everything we can to resolve the case as efficiently as possible.

Resolving Your Disability Discrimination Case in Fort Lauderdale

Once the EEOC has approved a claim for disability discrimination, they may take direct legal action against the employer on behalf of the claimant, or they will provide guidance for the claimant to proceed with their case. For example, the EEOC may issue a Notice of Right to Sue that allows the claimant to proceed with a civil case against the employer.

Most employers hit with discrimination lawsuits in Florida will seek to settle these cases as quickly and quietly as they can. During settlement negotiations, your Fort Lauderdale disability discrimination lawyer can argue for you for a fair settlement offer. However, some discrimination cases will need to be resolved in litigation. Your attorney can explain what to expect with either option.

The Law Office of Michelle Cohen Levy, P.A., intends to resolve every disability discrimination case we accept in Fort Lauderdale as efficiently as possible. Trust our team to carefully review the details of your case and guide you through the EEOC claim filing process. Once you have the ability to move forward with a case against your employer, we can explain the next steps and prepare you for each new phase of your case.

FAQs

Have You Suffered Disability Discrimination? Call Today

The Law Office of Michelle Cohen Levy, P.A., is ready to assist you with filing your disability discrimination claim in Fort Lauderdale. I am passionate about helping those who have been treated unfairly in the workplace. If you feel that you have been discriminated against because of a disability, don’t wait. Call me today at 954-651-9196 or send me an email through my online form to schedule your initial consultation.