Employers have the right to hire the best talent to fill vacant job positions but must ensure they do not overlook qualified job applicants or current employees when it comes to hiring, job promotions, job perks or benefits. Unfair treatment of someone with a disability is strictly prohibited under the American With Disabilities Act (ADA) which is a civil rights law that protects individuals with disabilities from discrimination and harassment in the workplace.
Disability Discrimination Defined
Disability discrimination can come in different forms which includes:
- Making offensive remarks
- Terminating or demoting an individual based on a disability
- Asking job applicants to take a medical exam
- Asking applicants or employees about a disability
The key to preventing ADA claims is to comply with state and federal laws by ensuring you implement best practices in the workplace. This includes making reasonable accommodations in the workplace for effective recruitment, hiring, and employee retainage. Some examples of reasonable accommodations include:
- Providing interpreters
- Providing modified equipment
- Making appropriate building adjustments
- Providing appropriate leave or modified work schedules
Handling ADA Claims
At Cotney Construction Law, we believe the best prevention is mitigating risks early. The consequences of ADA noncompliance can be costly for employers, many times due to not knowing or understanding what is required under employment law. If you want to avoid the consequences of an ADA violation, seek the help of a knowledgeable ADA defense attorney in Tampa.
If you would like to speak with one of our lawyers, please contact us at 813.579.3278, or submit our contact request form.