Disability Discrimination and Reasonable Accommodation in Miami
Employers in Florida are prohibited from discriminating against qualified employees with disabilities and are required to provide reasonable accommodations that allow individuals to perform the essential functions of their jobs. These protections apply to decisions involving hiring, termination, promotions, pay, job assignments, and other terms and conditions of employment. Yet many employers ignore these obligations, delay the interactive process, or retaliate when employees assert their rights.
At BT Law Group, Miami employment discrimination attorneys Jason D. Berkowitz and Anisley Tarragona represent employees throughout Miami and South Florida in disability discrimination and reasonable accommodation disputes.
This guide explains who qualifies for disability protections under Florida and federal law, what reasonable accommodations your employer must provide, how to file a claim, and the compensation you may be entitled to recover. Call BT Law Group, PLLC at (305) 507-8506 for a consultation.
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What Qualifies as a Disability Under the ADA and Florida Law?
Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, breathing, concentrating, communicating, and working. The ADA Amendments Act of 2008 (ADAAA) broadened the definition of disability significantly, directing courts to interpret the term in favor of broad coverage.
You do not need to have a permanent or severe condition to qualify. The ADA recognizes three categories of disability: an actual impairment that substantially limits a major life activity, a record or history of such an impairment, and being “regarded as” having an impairment. This third category is important because it protects employees whose employers perceive them as disabled and discriminate on that basis, even if the employee has no functional limitations.
The FCRA uses the term “handicap” and provides similar protections. Florida courts generally interpret the FCRA in line with federal ADA case law, so the standards for proving a disability under state law closely mirror the federal framework.
What Conditions Does the ADA Cover?
The ADA does not include a specific list of covered conditions, because the law focuses on functional limitations rather than diagnoses. However, conditions that commonly qualify include diabetes, cancer, epilepsy, HIV/AIDS, multiple sclerosis, major depressive disorder, post-traumatic stress disorder (PTSD), hearing or vision impairments, mobility impairments, and autoimmune conditions.
Temporary conditions may also qualify if they are severe enough to substantially limit a major life activity and are not transient. After the ADAAA, conditions that are episodic or in remission could still qualify as disabilities if they would substantially limit a major life activity when active.
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What Are Reasonable Accommodations?
A reasonable accommodation is a modification or adjustment to a job, work environment, or hiring process that allows a qualified employee with a disability to perform the essential functions of their position. Under 42 U.S.C. § 12112(b)(5)(A), employers must provide reasonable accommodations unless doing so would impose an undue hardship on the operation of the business.
Reasonable accommodations can take many forms depending on the employee’s condition and the nature of the job. Common examples include:
- Modified work schedules or flexible hours to accommodate medical appointments or fatigue
- Reassignment to a vacant position in which the employee is qualified to perform
- Physical modifications to a workspace, such as ergonomic furniture or accessible equipment
- Providing assistive technology like screen readers, voice recognition software, or amplified telephones
- Allowing remote work or telecommuting arrangements
- Granting leave (including unpaid leave) when it is a reasonable, disability-related adjustment and does not impose undue hardship
- Adjusting job duties by reassigning non-essential tasks to other employees
- Providing a sign language interpreter or written materials in accessible formats
The accommodation does not need to be the employee’s preferred option, but it must be effective in allowing the employee to perform the essential functions of the job.
Key Takeaway: Employers must provide reasonable accommodations that allow qualified employees with disabilities to do their jobs. Accommodations range from schedule adjustments and workspace modifications to reassignment and assistive technology. The employer does not have to grant the exact accommodation you request, but the alternative must be effective.
What Is the Interactive Process?
When an employee requests a reasonable accommodation, the ADA requires both the employer and employee to engage in an “interactive process.” This is a good-faith conversation between the two parties to identify the employee’s limitations, explore possible accommodations, and select one that is effective without causing undue hardship.
The interactive process typically begins when the employee informs the employer of a disability and/or need for an accommodation. You do not need to use specific legal terminology or mention the ADA by name. A simple statement like “I need a schedule change because of my medical condition” is generally enough to trigger the employer’s obligation. Once notified, the employer must respond and work with you to identify potential solutions.
Employers that refuse to participate in the interactive process or unreasonably delay it can strengthen a failure-to-accommodate claim, especially when a workable accommodation was available, and the breakdown in the process prevented it.
Key Takeaway: The interactive process is a required good-faith dialogue between you and your employer to find an effective accommodation. You do not need to cite the ADA or use legal terms when making your request. An employer that ignores or refuses to engage in this process may be liable for discrimination.
When Can an Employer Deny a Reasonable Accommodation in Florida?
Employers are not required to provide an accommodation that would impose an “undue hardship” on the business. Under the ADA, undue hardship means a significant difficulty or expense relative to the employer’s size, financial resources, and the nature of its operations.
Several factors determine whether an accommodation creates undue hardship. These include the cost of the accommodation, the employer’s overall financial resources and number of employees, and the impact the accommodation would have on business operations. A large employer with substantial resources could have a harder time proving undue hardship than a small business.
However, employers cannot deny an accommodation simply because it involves some cost or inconvenience. The threshold for undue hardship is high, and courts scrutinize employer claims of an undue hardship. An employer also cannot deny an accommodation based on co-worker complaints, customer preferences, or generalized fears about the employee’s disability.
Additionally, employers are not required to eliminate essential job functions, create new positions, or lower production or quality standards as an accommodation. The ADA requires accommodations that allow you to perform the essential functions of your existing job, not a fundamentally different one.
Key Takeaway: Employers may deny an accommodation only if it would cause significant difficulty or expense relative to the business’s size and resources. Mere inconvenience or minor cost often does not qualify as undue hardship. Courts closely examine employer justifications for denying accommodations.
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What Does Disability Discrimination Look Like in the Workplace?
Disability discrimination can take many forms beyond the failure to accommodate. Under both the ADA and the FCRA, employers are prohibited from making adverse employment decisions based on an employee’s disability, perceived disability, or association with a person who has a disability.
Common Forms of Disability Discrimination
Disability discrimination in Miami workplaces often involves one or more of the following actions:
- Refusing to hire a qualified applicant because of a known or perceived disability
- Terminating an employee after learning about a disability or medical condition
- Denying a promotion, raise, or training opportunity because of a disability
- Retaliating against an employee who requests a reasonable accommodation
- Asking prohibited medical questions during the hiring process before making a job offer
- Requiring a medical examination that is not job-related or consistent with business necessity
- Harassing an employee because of a disability, creating a hostile work environment
- Failing or refusing to engage in the interactive process after an accommodation request
If your employer has taken any of these actions, you may have a valid disability discrimination claim under the ADA, the FCRA, or the Miami-Dade County Code § 11A-26, which provides additional local protections.
Jason D. Berkowitz of BT Law Group, PLLC can review the facts of your situation and help you determine whether your employer violated your rights. Call (305) 507-8506 to discuss your case.
Disability Discrimination Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC, and a Miami-based labor and employment attorney. He earned his J.D. cum laude from the University of Miami School of Law in 2008 and his B.A. from Tufts University in 2003. Before founding BT Law Group, PLLC, Jason was a partner in the Miami office of a national labor and employment firm where he represented management, including Fortune 100 companies. He is admitted to practice in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.
Jason litigates and tries cases in federal and state courts and before administrative agencies and arbitration tribunals, including the American Arbitration Association. His practice covers discrimination, harassment, retaliation, wrongful termination, wage and hour disputes, failure to accommodate, and related employment claims under the ADA, Title VII, the FCRA, and other federal, state, and local laws.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC, and a Miami-based litigator focused on employment disputes and protecting workers’ rights. She earned her J.D. from the University of Miami School of Law in 2007 and her B.S.B.A. from the University of Central Florida in 2004. Before launching BT Law Group, PLLC, Anisley practiced in the Miami office of a national labor and employment law firm representing management, giving her direct insight into how employers and their attorneys approach and value workplace disputes.
Born and raised in Cuba, Anisley is fluent in Spanish and regularly advises Spanish-speaking clients. She is admitted to practice in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. Anisley litigates cases involving discrimination, harassment, retaliation, wrongful termination, wage and hour disputes, failure to accommodate, and breach of contract.
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How Do You File a Disability Discrimination Claim in Florida?
Filing a disability discrimination claim involves several steps and strict deadlines.
Step 1: File a Charge of Discrimination
Before you can file a lawsuit in court under the ADA or the FCRA, you must first file a charge of discrimination with a government agency. In Miami, you have two primary options: the Equal Employment Opportunity Commission (EEOC) Miami District Office, located at 100 SE 2nd Street, Suite 1500, Miami, FL 33131, or the Florida Commission on Human Relations (FCHR). You can also file with the local agency, the Miami-Dade County Commission on Human Rights.
Under a worksharing agreement between the EEOC and the FCHR, a charge filed with one agency is automatically considered dual-filed with the other. This means you do not need to file separate charges with both agencies.
Step 2: Meet the Filing Deadline
Under the ADA, you generally have 300 days (in Florida) from the date of the discriminatory act to file a charge with the EEOC. Under the FCRA, you have 365 days from the date of the alleged violation to file with the FCHR. Missing these deadlines can result in losing your right to pursue a claim, so acting promptly is essential.
Step 3: Investigation and Right-to-Sue Letter
After the charge is filed, the agency will investigate your complaint. This may include requesting a response from your employer, gathering documents, and interviewing witnesses. The agency may attempt mediation to resolve the dispute. If the investigation concludes without resolution, you will receive a “right-to-sue” letter, which allows you to file a lawsuit in court.
Under the FCRA, the FCHR is supposed to make a reasonable-cause determination within 180 days. If it does not, the FCHR may issue a notice of rights, and the complaining party may proceed to court as if a cause determination had been issued.
Key Takeaway: You must file a charge of discrimination with the EEOC (within 300 days) or the FCHR (within 365 days) before filing a lawsuit. The EEOC Miami District Office handles charges for employees throughout South Florida. Missing the filing deadline can permanently bar your claim.
Anisley Tarragona of BT Law Group, PLLC can help you file a charge and guide you through each stage of the process. Contact us today at (305) 507-8506.
What Compensation Can You Recover in a Disability Discrimination Case?
If your employer violated your rights under the ADA or the FCRA, you may be entitled to several categories of compensation. The specific damages available depend on the facts of your case and the severity of the discrimination.
Type of Damages | What It Covers |
Back Pay | Lost wages and benefits from the date of discrimination to the resolution of your case |
Front Pay | Future lost earnings if reinstatement is not feasible |
Compensatory Damages | Emotional distress, mental anguish, pain and suffering, and loss of enjoyment of life |
Punitive Damages | Additional damages to punish the employer for willful or reckless conduct (subject to federal caps based on employer size) |
Reinstatement | Return to your former position or a comparable role |
Reasonable Accommodations | Court order requiring the employer to provide the accommodation that was denied |
Attorney’s Fees and Costs | Reimbursement of legal expenses if you prevail |
Under the ADA, combined compensatory and punitive damages are capped based on employer size, ranging from $50,000 for employers with 15–100 employees to $300,000 for employers with more than 500 employees. Under federal law, combined compensatory and punitive damages are capped based on employer size (up to $300,000). Under the Florida Civil Rights Act, punitive damages are capped at $100,000 (and certain defendants, such as the state and its subdivisions, are not liable for punitive damages).
Jason D. Berkowitz can evaluate the potential value of your claim and explain what damages may apply. Call BT Law Group, PLLC at (305) 507-8506.
How Does the ADA Apply to Job Applicants?
The ADA’s protections are not limited to current employees. Job applicants are also protected from disability discrimination during the hiring process. Under the ADA, employers may not ask applicants about the existence, nature, or severity of a disability before making a conditional job offer.
After extending a conditional offer, the employer may require a medical examination only if the same examination is required of all entering employees in similar positions. The examination must be job-related and consistent with business necessity. Information obtained through medical examinations must be kept confidential and maintained in separate medical files.
Employers also cannot use selection criteria that disproportionately screen out individuals with disabilities unless those criteria are job-related and consistent with business necessity. If you were denied employment in Miami because of a disability or a medical condition discovered during the hiring process, you may have a claim.
Areas We Serve
BT Law Group, PLLC represents employees in disability discrimination and reasonable accommodation cases throughout Miami and South Florida, including Miami-Dade County, Broward County, and Palm Beach County. The firm serves clients in Miami, Miami Beach, Coral Gables, Hialeah, Homestead, Doral, Kendall, Fort Lauderdale, Hollywood, Pembroke Pines, Boca Raton, and West Palm Beach.
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Take Action Against Disability Discrimination in Miami
Dealing with a disability at work is challenging enough without the added burden of employer discrimination or a denied accommodation request. Whether your employer refused to adjust your schedule, ignored your request for assistive equipment, or terminated you after learning about your condition, the law may provide a remedy.
Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC have handled disability discrimination and reasonable accommodation cases across Miami and throughout Florida. We understand the strategies companies use to deny claims and can anticipate those defenses. BT Law Group, PLLC handles cases in the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, the Miami-Dade County Courthouse, the Broward County Courthouse, and before the EEOC and FCHR.
Call BT Law Group, PLLC at (305) 507-8506 to schedule a consultation. Our offices are located at 3050 Biscayne Blvd, Suite 205, Miami, FL 33137, and by appointment at 700 S Rosemary Ave, Suite 204, West Palm Beach, FL 33401.
Frequently Asked Questions
What is a reasonable accommodation under the ADA?
A reasonable accommodation is any modification to a job, work schedule, or workplace that allows a qualified employee with a disability to perform the essential functions of their position. Examples include flexible scheduling, remote work options, ergonomic equipment, and reassignment to a vacant role. Under 42 U.S.C. § 12112(b)(5)(A), employers must provide a reasonable accommodation to a qualified individual unless doing so would cause undue hardship.
How do I request a reasonable accommodation from my employer?
You can make your request verbally or in writing, but in writing is often recommended. You do not need to mention the ADA or the Florida Civil Rights Act by name. Simply informing your employer that you have a disability, or that you need a change because of a medical condition, is generally enough to trigger the employer’s obligation to engage in the interactive process. Putting the request in writing creates a useful record if a dispute arises later.
Can my employer fire me for having a disability?
No. Under both the ADA and the FCRA, employers cannot terminate employees because of a disability, a perceived disability, or a history of disability. If your employer terminated you shortly after learning about your condition or after you requested an accommodation, you may have a wrongful termination claim. Contact BT Law Group, PLLC at (305) 507-8506 to discuss your situation.
What is the deadline to file a disability discrimination claim in Florida?
You have 300 days from the date of the discriminatory act to file a charge with the EEOC and 365 days to file with the FCHR. Because the EEOC and the FCHR have a worksharing agreement, charges filed with one agency are typically dual-filed with the other when the allegations fall under both agencies’ jurisdiction.
Does disability discrimination law protect mental health conditions?
Yes. The ADA covers both physical and mental impairments. Conditions such as major depressive disorder, anxiety disorders, PTSD, bipolar disorder, and obsessive-compulsive disorder may qualify as disabilities if they substantially limit a major life activity. The ADAAA broadened the interpretation of “substantially limits,” making it easier for employees with mental health conditions to qualify for protection.
What should I do if my employer denies my accommodation request?
Document the denial in writing and ask your employer for a specific explanation of why the accommodation was denied. If your employer claims undue hardship, request details about the factors they considered. You may also want to propose alternative accommodations. If the employer continues to refuse, filing a charge with the EEOC or the FCHR using BT Law Group may be the next step. Our team can advise you on the best course of action. Call (305) 507-8506.