What You Need to Know About Florida Disability Discrimination
Is discrimination based on disability illegal in Florida?
How does Florida define disability?
Florida defines a disability as any physical or mental impairment that substantially limits one or more major life activities. An individual with a disability has such an impairment, a record of such an impairment, or is regarded to have such an impairment.
Is employment protected from discrimination?
Yes, federal law makes it unlawful for employers to discriminate against disabled persons. The Americans with Disabilities Act makes it illegal for an employer to discriminate against a qualified individual with a disability.
What constitutes a “qualified individual”?
The ADA defines a qualified individual as an individual with disabilities who satisfies the skill, experience, education, and other job-related requirements of the position and can satisfy the job’s essential functions.
What are an employer’s responsibilities to protect disabled individuals in Florida?
Employers must ensure people with disabilities have equal opportunities to apply for a job, work in a job, and be promoted. They must provide equal access to benefits and privileges associated with employment. They must also ensure a work environment free of discrimination and harassment.
How does Florida law define a service animal?
The Florida Social Welfare Statute defines a service animal as a dog or miniature horse trained to work or perform tasks for an individual with a disability. The work or task performed by the animal must relate to the individual’s disability.
How are service animal rights protected under Florida law?
Individuals with disabilities have the right to be accompanied by their service animal in all state and local government areas, public accommodations, and commercial facilities. Public accommodations may not ask an individual about the nature or extent of their disability or request documentation of the service animal’s training.
How does Florida law protect healthcare rights?
Individuals with disabilities have the right to both notice and appeal in the case of reduction or denial of Medicaid services. Individuals may request a Medicaid fair hearing to establish their care.
How does Florida law protect housing rights?
The Fair Housing Act bans discrimination based on disability in most housing transactions. Landlords and sellers may not deny an individual with a disability an equal opportunity. Landlords must make reasonable accommodations to ensure a person with a disability has an equal opportunity to enjoy their dwelling.
How does Florida law protect education for individuals with disabilities?
The Individuals with Disabilities Education Act (IDEA) and the Exceptional Student Education law in Florida protects education for individuals with disabilities. All children with disabilities must receive an individual education plan to guide their education.