Mental Disability Discrimination

 In 2008, Congress amended the Americans with Disabilities Act (ADA) to more clearly define the intention of the original law. It reversed and cleaned up narrowing Supreme Court decisions to make it easier to interpret and apply the original law as it was intended, to protect the disabled from discrimination.

As it stands now, the ADA provides protections that ensure that if an employee is capable of performing a task and they suffer from a disability, they should not be treated any differently than any other person capable of performing that task. This applies to both physical and mental disabilities. These laws are enforced among employers with 15 or more employees.

Under the ADA, a person is considered to have a disability if they have a physical or mental impairment that limits them from doing a major life activity. This includes things such as seeing, hearing, walking, speaking or performing a variety of manual tasks. Coverage is available if there is discrimination based on a medical record regarding physical or mental conditions or if the employer perceives the employee is disabled, even if the employee is not disabled. However, to be covered under the ADA regulations, a person must also be able to perform the functions of the job that they are applying for or where they are currently working. This means they must have the necessary education, skills and experience to perform the job, whether or not they need ADA accommodations.

Through his 25 years of experience representing victims of discrimination, Randy Fleischer has worked on behalf of several physically and mentally disabled clients to protect their rights in the workplace. He has worked closely with the EEOC to ensure that disability discrimination victims are compensated fairly for acts against them, helping his clients to get hired, promoted, paid back wages and making sure that they are provided with reasonable accommodations to do the job.

The Law Offices of Randy A. Fleischer, P.A. proudly serves Miami, Ft. Lauderdale, Davie, Sunrise, Plantation, Weston and surrounding Florida communities. For an initial consultation contact us at 954-472-8401.