Law Offices of Mark J. Beutler, P.A.

Serving Miami-Dade, Broward and Monroe Counties

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An employer does not have to provide a reasonable accommodation if doing so would impose an "undue hardship." Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of the employer's size, financial resources, and operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Employers may not ask job applicants about the existence, nature, or severity of a disability although applicants may be asked about their ability to perform specific job functions.  Medical examinations of employees must be job related and consistent with the employer's business needs.

With few exceptions, employers must keep confidential any medical information about an employee.

Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use.  However, an employer cannot discriminate against an employee because he or she sought treatment for drug or alcohol dependency.  

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Federal and state anti-discrimination laws prohibit private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

An employer is required to provide reasonable accommodation to the known disability of a qualified employee unless doing so would impose significant difficulty or expense to the employer.  Accommodations vary depending upon the needs of the individual employee.  Reasonable accommodation might include, for example:

  • A deaf applicant may need a sign language interpreter during the job interview

  • An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.

  • A blind employee may need someone to read information posted on a bulletin board.

  • An employee with cancer may need leave to have radiation or chemotherapy treatments.

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Disability Discrimination