ADA Lawsuits In Florida: A Legal Overview

In this article, you can discover…

• What the ADA is, and how it applies to your discrimination claim.
• The role of your employer’s HR department in your ADA lawsuit.
• How an experienced attorney can help you navigate your ADA claim.

What Is The ADA Law?

The ADA, which stands for the Americans with Disabilities Act, is a federal law that serves as a shield, ensuring fairness and protection against employment discrimination for individuals with disabilities. This law is a powerful tool that frees you to defend your rights in the workplace.

There are three (3) types of ADA claims: a disability discrimination claim, an accommodation claim, and a disability retaliation claim. Each type serves as a shield against different forms of discrimination, ensuring fairness in the workplace.

Disability Discrimination Claims can be filed when an employer fails to hire you, fails to promote you, or fires you based on a disability. To state a claim under the ADA for disability discrimination, you must prove that you have a disability (a physical or mental impairment) that substantially limits one or more major life activities (such as working).

In other cases, however, you may have a right to sue over perceived disability discrimination. Perceived disability discrimination occurs when you are regarded as being disabled when you’re not actually disabled. For example, if you return from medical leave and are given fewer hours because your employer wrongly assumes that you are disabled and can not work full-time hours.

Reasonable Accommodation Claims are also common. Under the ADA, if your employer is aware that you have a disability and that you require reasonable accommodations to perform essential functions of your job, they must provide those accommodations, so long as those accommodations don’t create an undue hardship for your employer.

For example, a reasonable accommodation might be allowing you to use an elevator usually reserved for select employees if you can not use stairs. An unreasonable accommodation (that would cause undue hardship for your employer) would include expecting your employer to build you an elevator if your workplace does not already have one.

Retaliation Claims are the final category of ADA claims. These result when you file a complaint with your employer’s human resources department, your supervisor, the Equal Employment Opportunity Commission (EEOC), or the Florida Commission on Human Relations, and experience retaliation as a result.

Such complaints are protected activities, and you can not legally be fired for filing such a complaint or for requesting a reasonable accommodation.

For example, imagine you visit your HR department and submit a request for an accommodation. There’s some back-and-forth between you and HR, and suddenly, you find yourself terminated. The timing of your termination makes it more likely than not that the reason you were fired was because you requested an accommodation, and not for some legitimate reason.

What Should I Be Aware Of When Talking With HR About Discrimination Or Accommodations?

Going to HR to make a request or file a complaint can feel like a double-edged sword. Many employees are nervous about talking with HR, as they fear retaliation or termination. But not going to HR or not being clear and professional with HR can cause far more significant problems.

When you approach HR with a disability-related complaint or request, it’s crucial to be direct and straightforward. This not only constitutes protected activity but also ensures that your message is understood. Similarly, providing your employer with sufficient notice and clarity when requesting an accommodation can prevent complications in your claim.

Finally, if you have a history of coming to HR with management style-related concerns rather than actual instances of discrimination, this can be held against you.

Your best course of action is to pursue the guidance of an experienced employment law attorney before you speak with human resources. This professional can provide you with the necessary information on how to navigate the process, what to say, and how to express yourself effectively. Their support can give you a much stronger foundation for your ADA claim, should your employer later decide to terminate your employment.

This careful, specific, attorney-guided approach gives you a much stronger foundation should your employer later decide to fire you. If you have worded everything properly and clearly and given enough notice, your ADA claim will have a much better (and well-documented) foundation.

Attorney Micah Longo is a practiced, knowledgeable employment law attorney serving Florida. Since 2012, he has helped clients like you file ADA claims to secure the damages, dignity, and justice they're entitled to.

Do you have questions or need legal guidance? Reach out to The Longo Firm for an initial consultation today. 

Must I File A Charge Of Discrimination For ADA Violations?

Yes, you must file a charge of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations before taking legal action against your employer for disability-related discrimination or retaliation. This process, known as ‘exhausting your administrative remedies’, involves submitting a formal complaint that outlines the discrimination you’ve experienced.

Apart from being required, filing a charge of discrimination allows the parties to understand what the case is about. It also forces your employer to provide the reason they gave for your termination.

In some cases, you may have no idea why you were fired, and Florida law does not require employers to tell you why they have let you go. Discovering the official reason for your termination can help both parties better prepare for the case.

For example, if you were supposedly let go for coming into work late, this can allow your attorney to review the attendance records of other employees and point out that all of them were allowed to go in late, yet none of them were fired. This can force your employer to be more honest, hold them accountable, and begin to demonstrate that the reason for termination they first offered is not worthy of belief.

Are There Any Time Limits For Filing A Charge Of Discrimination In Florida?

Yes. In Florida, if you feel you have been discriminated against under the ADA, you have 300 days to file a charge of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations.

If you miss this deadline, you lose your right to ever bring a lawsuit against your employer. Time is of the essence, and it’s crucial to act promptly and consult an employment law attorney. Evidence can easily be lost, deleted, or destroyed, and the sooner you contact an employment lawyer who handles ADA violation cases, the better your chances of a successful claim.

How Do I Win An ADA Discrimination Claim?

To win an ADA discrimination claim, you must prove four basic elements;

1. You had a disability.
2. You’re a qualified individual.
3. The employer engaged in some adverse employment action, i.e., you weren’t hired, you were fired, or you weren’t promoted.
4. The employer took that action because of your disability.

The first element requires proving that you are disabled. Under the ADA, this means that you have a physical or mental impairment that substantially limits one or more major life activities, such as working.

Next, you must prove that you are qualified to do the job. This means you possessed the necessary skills, experience, and education, and that you could perform the main functions of the job with or without reasonable accommodation. If all of these apply, you are considered to be qualified.

Finally, you must prove that your employer took action because of your disability. You don’t have to prove that your disability was the only or main reason. Still, you must prove your employer would have hired you, would not have failed to promote you, or would not have terminated you if you did not have a disability.

How Can I Prove A Reasonable Accommodation Claim?

To prove a reasonable accommodation claim, you must prove…

1. You have a disability under ADA guidelines.
2. You were qualified for the job.
3. Your employer knew of your disability and that you requested a reasonable accommodation.
4. A reasonable accommodation would have existed that would have allowed you to perform the essential functions of your job.
5. Your employer failed to provide you with reasonable accommodation.

A reasonable accommodation is any modification or adjustment (to work rules, the facilities, or any other term or condition of your employment) that your employer can make without causing them undue hardship (i.e., significant difficulty or expense).

It’s essential to keep in mind that your employer is required to provide reasonable accommodation that would allow you to perform the essential functions of your job. But they are not required to provide you with the specific accommodation that you prefer or request.

For example, you may request to work from home full-time, and your employer may offer you part-time remote work as an accommodation. As long as the provided accommodation is adequate and you can still do the essential functions of your job, you would be required to take that part-time remote accommodation, even though you would have preferred to work from home full-time.

How Do I Prove An ADA Retaliation Claim?

To prove an ADA retaliation claim, you must prove three things…

1. You engaged in some type of protected activity (such as complaining to HR about discrimination or filing a charge of discrimination with the EEOC).
2. Your employer took some adverse action (such as termination, transfer to a less desirable type of work, or transfer to a less desirable work site).
3. Your employer took that adverse action because of the protected activity that you engaged in.

The easiest way to prove this causal connection is to show that the adverse action happened soon after you engaged in protected activity. Generally, if you engage in protected activity and are then subject to adverse action within two months, this is generally enough to prove a causal connection.

What Are Potential Recoverable Damages For ADA Claims?

If your ADA claim is successful, you are entitled to compensatory damages such as lost wages and lost benefits. You are also entitled to compensation for emotional pain and mental anguish.

In certain circumstances, you may be entitled to punitive damages. Still, you must first prove that your employer acted with either malice or reckless indifference to your ADA-protected rights.

However, it is essential to note that under ADA law, you have a duty to mitigate your damages. This means that you must make a reasonable effort to find a job elsewhere. Having a strong case does not give you the right to sit at home and relax; you have a duty to look for comparable employment, offering a similar type of work, wages, and benefits to the job you were terminated from.

If you don’t make this effort and the defense can prove it, this can reduce the economic damages you are entitled to.

Still Have Questions? Ready To Get Started?

For more information on ADA lawsuits in Florida, a free consultation with our employment lawyer is your next best step. Get the information and legal answers you are looking for by calling (954) 231-5802 today.