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Employment Law Blog
James Tarquin, P.A
As part of our commitment to assist and educate employees in fighting back against the abusive employment practices of employers, we offer a broad range of information about employment law issues in our employment blog.

Category Archives: Disability Discrimination

Handicapped businesswoman working at office feels pain on wrist

Employee With A Disability Claims Retaliation When Fired Two Days After Requesting An Accommodation

By James P. Tarquin, P.A |

Under the Americans with Disabilities Act (ADA), employees are protected from retaliation when the request a reasonable accommodation for their disability.  Having litigated retaliation cases in Florida state and federal courts for nearly twenty years, our Alachua County, Florida employment law attorneys have learned that employers often try to get rid of employees with… Read More »

Chalkboard with the words Disability Discrimination Act

Employee Claims Disability Discrimination When Employer Fired Him After Learning He Had Cancer

By James P. Tarquin, P.A |

Having been committed to fighting for the rights of Florida employees for almost twenty years, our Alachua County, Florida employment discrimination attorneys have learned that employers often terminate employees shortly after learning they have a disability under the Americans with Disabilities Act (ADA).  Although employers almost always carefully mask their discriminatory intent when firing… Read More »

Ada in the form of binary code

Do Job Duties Constitute Essential Functions Of A Job Position When An Employer Does Not Treat Them As Essential?

By James P. Tarquin, P.A |

Having fought for the rights of employees for almost twenty years, our Alachua County, Florida employment discrimination attorneys have learned that employers often believe they can nullify the protections afforded by the Americans with Disabilities Act (ADA) by discharging employees who have a disability by claiming that they cannot perform the essential functions of… Read More »

disabled businessman in wheelchair with coworker on laptops

Does Asking An Employee About His Or Her Physical Ability To Do The Job Reflect Disability Discrimination?

By James P. Tarquin, P.A |

Having litigated disability discrimination claims for almost twenty years, our Alachua County, Florida employment law attorneys have learned that employers frequently discriminate against employees who they perceive as disabled.  Under the Americans with Disabilities Act (ADA), employees are protected from disability discrimination if they have an actual disability or the employer “regards” them as… Read More »

Chalkboard with the words Disability Discrimination Act

Can A Disabled Job Applicant Be Required To Pay For A Post-Offer Medical Exam?

By James P. Tarquin, P.A |

Under the Americans With Disabilities Act (ADA), employers are forbidden from discriminating against a qualified individual with a disability.  Under the ADA, an individual with an actual disability is defined as an individual with “a physical or mental impairment that substantially limits one or more major life activities of an individual.”  The ADA defines… Read More »

business woman with speech bubbles saying Part time and Full time.

Must An Employee Be Able To Work Full-Time To Be Protected By The Americans With Disabilities Act?

By James P. Tarquin, P.A |

The Americans With Disabilities Act (ADA) forbids discrimination against a qualified individual on the basis of disability.  The ADA defines “disability” as “a physical or mental impairment that substantially limits one or more major life activities of an individual.”  Prohibited discrimination under the ADA includes not making reasonable accommodations for a qualified individual with… Read More »

Book that read disability law on the front cover

Is A Leave Of Absence For Medical Treatment Or Recovery A Reasonable Accommodation Under The ADA?

By James P. Tarquin, P.A |

Under the Americans With Disabilities Act (ADA), employers are required to make reasonable accommodations for qualified employees with a disability unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.  Under the regulations promulgated by the U.S. Equal Employment Opportunity Commission, which is the federal… Read More »

Protester boy holding sign disability matters hiding face

Is Failing To Provide An Employee With An Accommodation Evidence Of Disability Discrimination?

By James P. Tarquin, P.A |

The Americans With Disabilities Act (ADA) was enacted to eradicate discrimination against employees with disabilities and to ensure equal treatment for employees with disabilities.  As explained by the U.S. Third Circuit Court of Appeals in Taylor v. Phoenixville School District, 174 F.3d 142 (3d Cir. 1999), “[d]iscrimination under the ADA encompasses not only adverse… Read More »

ADA notebook with stethoscope and pencil on top

Employee Who Requested An Accommodation Under Americans With Disabilities Act Told To “Toughen Up”

By James P. Tarquin, P.A |

Under the Americans with Disabilities Act (ADA), employers are forbidden from discriminating against employees on the basis of disability.  The ADA defines a disability as “a physical or mental impairment that substantially limits one or more of the major life activities of an individual.”  Under the ADA, employers are also required to provide employees… Read More »

Elderly woman with hearing aid on grey background

Florida Jury Awards $775,000 to Deaf Woman in Discrimination Suit Against Costco

By James P. Tarquin, P.A |

The Florida Civil Rights Act (FCRA) protects employees against discrimination with respect to  compensation, terms, conditions or privileges of employment on the basis of handicap, among other things.  Like the federal Americans With Disabilities Act (ADA), the FCRA prohibits termination of employees in retaliation for complaining about discrimination and requires that employers make reasonable… Read More »

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