Gainesville Disability Discrimination Attorneys

The Americans with Disabilities Act (ADA) and Florida state law prohibit employers from discriminating against employees based on their disabilities. Employers cannot terminate, demote, or discriminate against a person because of a physical or mental disability.

Under the ADA and Florida law, individuals with qualified disabilities are protected from such discrimination. Both physical and mental disabilities fall under the protection of these laws. If you feel you’ve been discriminated against due to a disability, it’s essential to understand your rights.

The Duty of Reasonable Accommodation

Beyond prohibiting wrongful termination and harassment, employment laws require employers to make reasonable accommodations for disabled workers, helping them adjust to their work environment. Employers who fail to provide these accommodations may face civil liability. Understanding what qualifies as a reasonable accommodation can be complex, which is why consulting with an experienced employment law attorney is crucial.

Perceived Disabilities and Retaliation

ADA protections extend to individuals wrongfully perceived as having a disability. For instance, an employee who is fired because their employer mistakenly believes they have AIDS or cancer could have grounds for a civil lawsuit, even if the employee doesn’t have the condition in question.

Additionally, employers cannot fire, harass, or retaliate against an employee who seeks reasonable accommodation or files a complaint about disability discrimination.

Workers’ Compensation and Retaliation

When an employee is injured on the job, workers’ compensation is designed to cover medical expenses and a portion of lost wages, typically two-thirds, during recovery. In exchange for these benefits, employees generally cannot sue their employers. However, if a third party was responsible for the injury, the employee might be able to file a personal injury lawsuit.

At Massey & Duffy, PLLC, we represent individuals injured by third parties in the workplace and defend those facing retaliation for filing workers' compensation claims.

Workers’ Compensation Retaliation

Unfortunately, some employees fear filing for workers' compensation due to potential retaliation from their employers. Though most employers respect the rights of their employees, some retaliate against those who file claims. This behavior is not only immoral and short-sighted, but also illegal.

Florida Labor Code 440.205

Florida Labor Code 440.205 clearly prohibits retaliation against employees who file for workers' compensation benefits. The law states: "No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law."

What Can I Do if I Face Retaliation?

If you’ve been harassed, fired, demoted, or retaliated against for seeking workers' compensation benefits, know that you’re not alone. Your employer may already be consulting with legal counsel to prepare for possible litigation, and you have the right to legal representation as well.

If you allege retaliation, your employer may try to argue that your termination or demotion was unrelated to your workers' compensation claim. An experienced employment law attorney will review the facts of your case and offer candid advice about your chances of success.