Law Office of David Miklas, P.A.

Labor & Employment law - Employers only

​The Director of Human Resources for a business in Coral Gables asked: "How do I determine whether a reasonable accommodation is appropriate and the type of accommodation that should be made available?"

This is a typical question that many Florida business owners and human resources directors have when they have adequate number of employees to be covered by the federal Americans with Disabilities Act or Title VII of the Civil Rights Act.  Accommodating a worker based on a disability or religion often requires an analysis of the specific facts involved, and may require the Florida company to engage in an interactive process with the employee.  The requirement generally will be triggered by a request from an individual with a disability, who frequently can suggest an appropriate accommodation. Accommodations must be made on a case-by-case basis, because the nature and extent of a disabling condition and the requirements of the job will vary. Regarding discrimination laws in Florida, the principal test in selecting a particular type of accommodation is that of effectiveness, i.e., whether the accommodation will enable the person with a disability to perform the essential functions of the job. It need not be the best accommodation or the accommodation the individual with a disability would prefer, although primary consideration should be given to the preference of the individual involved. However, as the employer, in Florida you have the final discretion to choose between effective accommodations, and you may select one that is least expensive or easier to provide.

For more information about how Florida employer can comply with the requirements of the Americans with Disabilities Act, you can email or call the Law Office of David Miklas, P.A. at 1-772-465-5111.

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