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Unemployment Process in Florida Violates the ADA - Warning for Employers
June 2, 2013
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.
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