ARE YOU DISABLED OR DOES YOUR EMPLOYER “REGARD YOU” AS DISABLED?
ARE YOU DISABLED OR DOES YOUR EMPLOYER REGARD YOU AS DISABLED?
Disability discrimination claims under the Americans with Disabilities Act (ADA) and Florida Civil Rights Act (FCRA) require allegations by a plaintiff that is claiming she is disabled is (1) qualified to perform her job; and (2) suffered adverse employment action because of her disability. 42 U.S.C. §§ 12111(8), 12112.
The courts consider a person as disabled if she has a physical or mental impairment that substantially limits one or more major life activities or otherwise is regarded as having such an impairment. 42 U.S.C. § 12102(1)(A), (C). The regarded-as-disabled prong of the ADA protects employees who are perfectly able to perform a job, but are rejected because of the myths, fears and stereotypes associated with disabilities. A person is “regarded as” disabled if she suffered an adverse employment action (terminated, demoted or cut in pay) “because of an actual or perceived physical or mental impairment.” Although the actual or perceived impairment need not be one that substantially limits a major life activity, it cannot be merely transitory or minor. Whether an impairment is transitory and minor is an objective question. 29 C.F.R. § 1630.15(f). An impairment is transitory if its actual or expected duration is 6 months or less. 42 U.S.C. § 12102(3)(B).
Were you injured on the job or because of an automobile accident or even doing the yard on a Saturday morning? Does your injury limit your ability to do your job or did your employer “regard you” as disabled? Did you ask for a reasonable accommodation at work because of your injury and had your request denied? If so, you may have a cause of action under the ADA for disability discrimination or failure to accommodate. If you believe that you are a victim of a discrimination, call Westberry & Connors, LLC. Our lawyers are Florida Board Certified Specialists in Labor and Employment Law and have the knowledge and skill to navigate all types of workplace discrimination issues. Call us today: Westberry & Connors, LLC. 4400 Bayou Blvd. Ste. 32A | Pensacola, Florida 32503 Phone: (850) 473-0401 | Fax: (850) 473-1388.
Clayton M. Connors, B.C.S. Attorney at Law – Florida Board Certified Specialist in Labor & Employment Law ** Licensed in Florida and Louisiana.