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Florida’s Unemployment Process Violates The ADA – Warning For Employers

By Scott T. Silverman on April 29, 2013
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Florida’s requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process, according to the Department of Labor’s Civil Rights Center. The determination came in a case lodged by the Miami Workers’ Center and the National Employment Project, which claimed that disabled Floridians were being shut out from unemployment insurance.

In August 2011, Florida eliminated alternative options for paper and telephone filing for unemployment benefits and required all applications to be carried out online. The new rules also required that applicants complete a 45-question skills assessment and fill out other online-only forms.  But, according to the DOL, the program offered no alternatives for unemployed workers with disabilities that prevented them from using a computer. As a consequence of the adverse DOL determination, Florida has entered into voluntary compliance negotiations.

Private employers should take heed of this finding.  To the extent that on-line forms or tests are required as part of an application, employers must provide accommodations for disabled individuals to be able to complete the process.  A failure to do so may result in an ADA claim.

Photo of Scott T. Silverman Scott T. Silverman

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and…

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and arbitrations. Although he has worked on a variety of labor and employment issues throughout his career, Scott’s practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage and hour, and retaliation claims. Complementing his litigation practice, he advises employers on day-to-day matters, and drafts manuals and contracts for his clients.a

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  • Posted in:
    Employment & Labor
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

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