Legal Rights and Protections for Disabled Workers in Florida

In Florida, workers with physical or mental disabilities are protected from employment discrimination under state and federal law. Statutes like the Florida Civil Rights Act and the Americans with Disabilities Act require employers to provide employees and applicants with certain reasonable accommodations based on their disability.

Although these rights are in place to protect you from discrimination, not every employer complies. These laws also might protect you from discrimination, but they cannot cover your lost income if you are unable to work. This guide breaks down the protections for disabled workers and explains how insurance can fill the gaps when your condition makes it impossible to work.

Federal Disability Protections for Workers

There is a range of federal laws designed to protect disabled members of the workforce from discrimination when they are capable and qualified to work. While the Americans with Disabilities Act is the most prominent example, there are others to be aware of.

Americans With Disabilities Act (ADA)

The primary source of rights for disabled workers is the Americans With Disabilities Act. Under the ADA, employers of all kinds are prohibited from discriminating against qualified disabled workers when it comes to hiring or promotions. This law applies to private employers, labor unions, and government agencies, among others. Every aspect of a person’s employment is protected, from training opportunities to compensation and advancement.

The Rehabilitation Act of 1973

Before there was the ADA, there was the Rehabilitation Act of 1973. The precursor to the ADA focuses mostly on federal jobs and programs, making it unlawful to discriminate based on disability when it comes to federal jobs, contractors, and programs conducted by the government. The major difference with the ADA is that it had a limited impact on private businesses.

Architectural Barriers Act of 1968

The Architectural Barriers Act of 1968 exists to ensure access for the disabled to public places, but it has some indirect protections for workers. This law requires federal buildings to be accessible, which largely involves offering ramps and other accessible entrances instead of stairs. For federal employees, these requirements are vital for many disabled individuals when they require accessible entrances to their workplace.

The Right to Reasonable Accommodations

State and federal law both require companies across the country to make reasonable accommodations for disabled workers. It is helpful to understand first what is considered a disability. Under the ADA, it includes a physical or mental impairment that substantially limits at least one important bodily function or life activity. Some of these life activities include the following:

•  Seeing
•  Hearing
•   Speaking
•   Reading
•  Bending over
•   Breathing
•   Performing manual tasks

An important concept when it comes to these rights is the definition of a “reasonable” accommodation. After all, the law does not require employers to concede to ever request made by their workforce. A worker only has the right to request reasonable accommodation that will help them perform their job functions, either in a position they hold or one they are seeking. Any person who is able to perform the core function of a position with these accommodations is considered qualified, and refusing to hire them based on their condition is discriminatory.

These accommodations are considered reasonable as long as they do not cause undue hardship for the business. While most requests are considered to be reasonable, those that put other people at risk of harm or are financially unbearable for the company will not qualify.

Protecting Yourself With Disability Insurance

In addition to the rights that allow disabled individuals to remain in the workforce, there are other ways to protect yourself and your source of income if you are living with a disabling condition. Disability insurance can be an invaluable resource when you are unable to work, whether it be for a matter of months or for years into the future.

Florida law does not require employers to provide their workers with disability insurance, unlike other states. However, many companies choose to offer this coverage as part of a standard benefits package. If your employer does not provide this type of coverage, you have the opportunity to purchase a policy on your own.

Types of Disability Benefits Available

Whether you purchase your own plan or receive coverage through an employer, there are different types of coverage to be aware of. Some of these options are designed to meet your needs as you regain your health. Other programs will provide you with compensation for years to come. These options include:

•  Short-Term Disability Insurance. These policies pay you a portion of your income for a short period of time—usually no longer than six months. The goal of this type of insurance is to ensure you recover your lost wages as you heal from a serious injury. Claims are also filed following major surgery or severe illnesses. Each policy is different, but you could recover as much as 70 percent of your weekly pre-injury earnings.
• Long-Term Disability Insurance. If you are unable to work for an extended period, long-term disability insurance is your best option. Often, these benefits kick in after you have exhausted your short-term policy. You could earn as much as 70 percent of your previous wages, depending on the language of your policy.

Need Disability Insurance? Talk to an Attorney Today

If you are concerned about the potential of a disabling condition hurting your ability to earn a living, it may be time to consider disability insurance. Because employers in Florida are not required to purchase these policies on behalf of their employees, many must make the decision to secure a policy on their own.

The good news is that you do not have to weigh the risks or find a policy alone. An attorney from Ver Ploeg & Marino can help you review your options and decide on the right path. Contact us as soon as possible to learn more.

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