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Disability discrimination in the workplace in Miami is prohibited under both federal and local laws. It occurs when an employee or job applicant is treated unfairly or harassed by an employer, CEO, supervisor or manager, co-worker, customer or client, vendor, or other non-employee because of a disability. The disability can be something that is easily noticeable or something that is only known if you choose to disclose it. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of disability discrimination, just like you, get the compensation they so rightly deserve.
Disability discrimination in the workplace is when an employee or job applicant is treated unfairly or harassed by an employer, CEO, supervisor/manager, co-worker, client/customer, vendor, or other non-employee because of a disability. Disabilities do not have to be visible. However, once your employer is aware of your disability, it is his responsibility to make reasonable accommodations for you and to help prevent discriminatory behavior from occurring in the workplace. Some examples of disabilities include, but are not limited to:
The Americans with Disabilities Act (ADA) is sometimes called the disability discrimination act. It protects employees and job applicants from being harassed or treated unfairly in a workplace of 15 or more employees because of a covered disability.
In addition, under the ADA, employers must make reasonable accommodations for employees and job applicants with disabilities to continue to do their job.
The Florida Civil Rights Act (FCRA) prohibits disability discrimination in a workplace with 15 or more employees. Under the law, an employer must make reasonable accommodations for an employee or job applicant with disabilities to allow the employee or job applicant to conduct their work duties.
Disability discrimination can come in many forms. It can be blatantly obvious or a little more subtle. In order to prove disability discrimination, you need one of three types of evidence: direct; disparate; or policy.
Disability discrimination can come in many forms. There can be outright harassment and unfair treatment, or it can be much more subtle. Some examples of disability discrimination in the workplace may include, but are not limited to:
The Equal Employment Opportunity Commission (EEOC) fields any claims filed under the ADA for disability discrimination in the workplace. You have a time limit of 300 days to file a claim with the EEOC. The EEOC will then investigate the claim to make sure it fits within the guidelines of disability discrimination and issue a Right to Sue letter. You may then file your claim with the federal courts.
The Florida Commission of Human Relations (FCHR) handles all claims relating to FCRA violations. You have a time limit of 1 year to file a claim with the FCHR regarding disability discrimination in the workplace in Miami.
The Commission on Human Rights Board (CHR Board) handles any claims of disability discrimination relating to the Miami-Dade County Human Rights Ordinance. The time limit to file the claim is 1 year.
Florida has a work-sharing agreement, which means that if you file a claim with one agency, the claim can and may be filed with all governing agencies to get you the best opportunity to obtain justice for your case.
If you are the victim of disability discrimination in the workplace, you have a right to ask the courts for justice. Some of the remedies the court may offer for your claim include, but are not limited to:
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial
I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
In Miami, a lawsuit for disability discrimination can last anywhere from 4 to 6 months to a year or more depending on the details of your case. If your employer is willing to negotiate a fair settlement with you, your case may settle within 4 to 6 months. However, if your employer insists on going to trial, you may need 8 months to a year or longer to prepare for trial. The trial may then take anywhere from a few days to several weeks or more until a judgment is entered.
As the victim of workplace disability discrimination in Miami, you are likely weighing your options to determine if you want to sue your employer. While you make the decision, here are a few things you can do to help move your case along.
1. Contact an experienced disability discrimination attorney immediately.
2. If you are still employed, do not quit until you consult your attorney.
3. If your company has an HR department, file a complaint in writing regarding the disability discrimination.
4. If your company has a disability discrimination policy, follow it.
5. Gather evidence. Document everything, including what occurred, where it occurred, when it occurred, who was involved, and any witnesses.
6. Do not waste time. Your time to file a claim is limited. Do not wait until it is too late.
Every employee is entitled to work in an environment where they are safe from harassment and discrimination based on their disabilities.
If you are the victim of disability discrimination in Miami, the experienced attorneys at the Derek Smith Law Group can help. Contact us today at (305) 946-1884 for your free consultation.
We will not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.