Miami Disability Discrimination Lawyer

Employment Lawyers Representing Workers in Miami

Workers with disabilities often face substantial difficulties in getting and keeping jobs. They are often denied jobs due to their disabilities, or negative perceptions about a disability. Individuals with disabilities may face consistent difficulties in keeping jobs due to a lack of reasonable accommodations. However, federal, state, and local laws provide some protection to workers with disabilities. If you suspect that you have been mistreated based on your disability, you should consult the Miami disability discrimination lawyers at Phillips & Associates about whether you have a basis to file claims, and under which laws it would be appropriate to bring a lawsuit.

Many workers are unsure whether what happened to them is actually unlawful discrimination or just feels unfair. A disability discrimination attorney can listen to what occurred at your job, review documents like performance reviews or emails, and explain how the Americans with Disabilities Act, the Florida Civil Rights Act, and Miami-Dade County ordinances may apply to your situation, including how a claim might proceed in local forums such as the Miami-Dade County Commission on Human Rights or federal court in the Southern District of Florida.

Disability Discrimination Under Federal Law

Under the Americans with Disabilities Act (ADA), an employer must provide reasonable accommodations for a job applicant or employee, unless doing so would pose an undue hardship. Reasonable accommodations might include widening doorways, installing ramps, assigning a part-time or altered work schedule, allowing work from home privileges, allowing unpaid leave, acquiring equipment, permitting employees to conduct telework, and modifying methods of employee supervision.

Sometimes controversies arise when an employee asks for a reasonable accommodation. Issues that can come up include whether an employee’s medical condition counts as a disability under the ADA, whether the employee can still perform the essential functions of the job, whether the accommodation sought is actually reasonable, whether other accommodations would be effective, and whether the accommodation would cause an undue hardship to the company.

The ADA also prohibits discriminating against a job applicant or employee because of that person’s association with someone who is known to have a disability. However, the Florida Civil Rights Act does not prohibit this conduct.

In practice, ADA claims often involve tight filing deadlines and procedural steps that can be confusing if you have never been through the process before. A disability discrimination lawyer can help you evaluate whether to file a charge with the Equal Employment Opportunity Commission, what evidence to gather from your workplace, and how your case might interact with any proceedings you bring under Florida law or Miami-Dade County ordinances.

The Florida Civil Rights Act of 1992

Under the Florida Civil Rights Act of 1992 (FCRA), employers are prohibited from discriminating against employees based on “handicaps”, among other protected characteristics. If you are subjected to discrimination based on a handicap, a disability discrimination attorney in Miami can help you pursue claims for compensatory damages. The compensatory damages are meant to put a victim of disability discrimination back in the position in which they would be if they had not suffered from discrimination.

The FCRA can apply to a wide range of workplace decisions, including hiring, firing, promotions, pay, and job assignments, as well as harassment that creates a hostile work environment. Many claims begin with a charge filed with the Florida Commission on Human Relations, and strict time limits mean you should talk with a disability discrimination attorney Miami workers trust as soon as you suspect that your rights have been violated.

Section 11A-26

In Miami, under a local ordinance known as Section 11A-26, it is illegal for an employer to discriminate based on a disability, as well as other protected characteristics. An employer is supposed to make reasonable accommodations for disabled workers. This means that the employer should make needed adaptations to the known mental or physical restrictions of an otherwise qualified job applicant or employee with a disability, unless the adaptations create an undue hardship for the business. Reasonable accommodations can include making facilities readily accessible to people with a disability, making reassignments, obtaining equipment or devices, making appropriate adjustments for exams and training materials, or providing time off. A Miami disability discrimination attorney can help you pursue an appropriate accommodation for your disability.

Factors to be considered when determining whether an undue hardship would be created for an employer under the local law include the size of the employer, the kind of business operations it conducts, and the cost and nature of the accommodation. Employers are not allowed to deny job opportunities to qualified disabled employees or job applicants if the reason for the denial is a need to make a reasonable accommodation for that person’s mental or physical limitations. Moreover, an employer may not recruit or advertise a job in a way that would adversely affect someone who has a disability. Employment agencies and businesses that provide employees are also restricted from engaging in any of the practices described above.

Because Section 11A-26 is a county ordinance, it works alongside federal and state protections, and you may have options to pursue your claim in different forums in Miami-Dade County. A disability discrimination lawyer in Miami can assess which combination of local, state, and federal claims makes the most sense for your circumstances and help you understand how proceedings in county agencies relate to any case filed in the courts serving the Miami area.

Common Signs Of Disability Discrimination In Miami Workplaces

Many employees are not sure whether what they are experiencing rises to the level of disability discrimination, or whether it is something they just have to accept at work. You might notice that you are repeatedly passed over for promotions, written up, or excluded from important meetings soon after disclosing a medical condition or asking for an accommodation. In other situations, supervisors or coworkers may make comments about your disability, pressure you to take leave you did not request, or deny schedule changes that were granted to other employees without disabilities. A disability discrimination attorney can help you sort through the facts and identify patterns of conduct that may violate the ADA, the Florida Civil Rights Act, or Miami-Dade County laws.

Sometimes the discrimination is more subtle, such as sudden negative performance reviews from a new manager who does not want to deal with your medical restrictions, or unexplained changes in your job duties that make it harder for you to succeed. You may also see your employer ignore recommendations from your doctor or refuse to engage in a meaningful discussion about reasonable accommodations, even when similar requests have been approved for other employees. If your workplace is in downtown Miami, near government buildings like the Miami-Dade County Courthouse, or in any of the surrounding neighborhoods, the same federal, state, and local protections apply to you, and a disability discrimination lawyer Miami workers consult can explain how those protections work in day-to-day situations.

Discuss Your Case with an Experienced Disability Discrimination Attorney in Miami

If you have been affected by discrimination based on a handicap or disability, you should consult a seasoned employment attorney. 

For a free consultation with a disability discrimination lawyer in Miami, call Phillips & Associates at (866) 229-9441 or complete our online form. We represent clients on a contingency fee basis, so we will not seek attorneys’ fees unless we obtain a settlement or verdict for you.