Is My Employer Required to Give Me a Reasonable Accommodation for My Disability?
The Americans With Disabilities Act (ADA) is a federal law that, among other things, provides legal protections or disabled workers. A disabled job applicant or employee may be entitled to a reasonable accommodation under the law. You may be wondering: Is my employer required to provide me with a reasonable accommodation? The answer is “it depends.” There are several things that you will need to prove in order to be legally entitled to a reasonable accommodation.
Three Key Things You Need to Prove for Your Employer to Be Required to Accommodate
- Your Employer Must Be Covered By the ADA
First and foremost, it is important to understand that the ADA does not apply to every employer in Florida. Quite the contrary, coverage begins with companies that have at least fifteen employees. That number includes part-time workers and seasonal workers. In other words, small businesses are generally outside the law’s scope. Public employers, including state and local government agencies, are always covered. If your employer falls under the ADA, they have a duty to evaluate reasonable accommodation requests. Florida employees should confirm coverage before pursuing a claim. It is a critical first step because without coverage, the ADA’s protections do not apply.
- You Must Have a Medically-Determinable Disability
The ADA allows disabled workers to seek a reasonable accommodation. It does not provide protections to all employees. To qualify for protection under the ADA, you must have a medically determinable disability. Not every health condition qualifies as a disability under the ADA. The law defines disability as a physical or mental impairment that substantially limits one or more major life activities. Medical documentation is often necessary to prove the condition. A diagnosis alone is not always enough. The impairment must meaningfully restrict activities such as walking, seeing, hearing, or working. Florida employees should understand that temporary or minor conditions usually do not qualify. A medically-determinable disability must be supported by hard medical evidence. Your employer may (lawfully) request relevant medical records.
- You Must Be Able to Perform the Essential Functions of the Job
The ADA does not require an employer to remove core duties from a position. Instead, the law requires accommodations that allow a qualified employee to perform those duties. Essential functions are the fundamental tasks of the job. They are not marginal or secondary. For example, if lifting a certain weight is central to a warehouse position, that duty is considered essential. An employee must show they can perform these functions with a reasonable adjustment. A job applicant who cannot lift more than ten pounds due to a disability may not qualify for certain warehouse positions. In Florida, employees who demonstrate the ability to do the job with accommodation are protected.
Get Help From a Florida Disability Discrimination Lawyer Today
There are plenty of situations that require an employer in Florida to make a good faith effort to find a reasonable accommodation for a disabled worker. The failure to do so may be disability discrimination. If you have any specific questions or concerns about a disability discrimination claim, please do not hesitate to contact a Florida employment lawyer for immediate help.
