A Legal Response To Disability Discrimination At Work
Federal law prohibits employers from discriminating against employees on the basis of disability. The Americans with Disabilities Act (ADA) establishes important protections for employees with disabilities. However, it does not apply with equal force to all situations. The ADA and its accompanying regulations are complex, and they must be applied on a case-specific basis.
Illuminating Gray Areas Of Law | Reasonable Accommodations
A core provision of the ADA is its requirement that employers provide reasonable accommodations for employees with qualifying disabilities. This requirement, like many others, is not black-and-white. There are many gray areas that must be interpreted in light of the underlying circumstances as well as applicable precedent.
Commonly disputed applications of the ADA include:
- Whether the employee’s condition qualifies as a disability under the ADA
- Whether the employee can still perform essential job functions
- Whether the employer is required to make reasonable accommodations
- Whether the proposed accommodations are reasonable
- Whether the proposed accommodations would cause the employer undue hardship
- Whether the employer unlawfully retaliated against the employee for seeking protections under the ADA
Professional legal guidance is essential to navigating these issues.
Decades Of Experience | Representing Employers And Employees
At the Law Offices of Gary A. Costales, P.A., we represent both employers and employees indiscrimination cases, including disability discrimination at work. Our practice focuses exclusively on employment law so that we can provide high-caliber, cutting-edge counsel for our clients.
Our attorney is a former administrative law judge and trial lawyer for the Equal Employment Opportunity Commission. Mr. Costales is board-certified as an expert in employment and labor law by The Florida Bar, a distinction held by only a handful of Florida attorneys. He is also the only board-certified attorney in Miami who handles cases for employees as well as employers. His decades of experience are a distinct benefit for clients on both sides.
Call Our Office For A Free Telephone Consultation
We handle all stages of employment discrimination claims, from the initial filings to arbitration or litigation. For more information, call 877-389-7395 or contact us online. Our offices are conveniently located in Miami and Boca Raton. We handle employment cases throughout South Florida.
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