Derek Smith Law Group / Employment Law / Disability Discrimination / Disability Discrimination Attorney Miami

Disability Discrimination Attorney Miami

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Disability Discrimination in the Workplace in Miami, FL
What Is Discrimination Based on Disabilities in Miami?
Contact Our Experienced Miami Disability Discrimination Attorneys for Your Free Consultation
Types of Workplace Discrimination Cases We Handle in Miami:

Disability Discrimination in the Workplace in Miami, FL

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.

What Is Discrimination Based on Disabilities in Miami?

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:

Diabetes
Cancer
Heart disease
Post-traumatic stress disorder
Mental health disorders
ADHD
Dyslexia
Downs Syndrome
Muscular dystrophy
Multiple Sclerosis

Alcoholism or substance abuse disorders
Blindness
Deafness
Autism
Chronic Migraines
Chronic Pain Disorders
Anxiety
Depression
Wheelchair-bound due to physical disabilities
HIV

What Laws Protect Employees from Disability Discrimination in Miami?

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.

What Evidence Is Needed to Prove Disability Discrimination in Miami?

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.

Direct Evidence. Direct evidence is the type of evidence everyone wants to have. It is the “smoking gun.” Direct evidence is when it is said or written directly to you or to someone else that you were treated unfairly or harassed because of your disability.

Disparate Evidence. This evidence is much more common. It shows a cause and effect relationship between the unfair treatment or harassment and the knowledge of your disability. For instance, if your employer learns you have cancer and then a week later you are told you cannot work on a project you had been promised, you may have disparate evidence of disability discrimination.

Policy Evidence. Policy evidence is when a policy is discriminatory in nature. The intent may not be to discriminate, however, if it causes discrimination when it is followed, it can be evidence for a disability discrimination claim.

What Are Examples of Disability Discrimination in Miami?

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:

An employer failing to make proper accommodations for an employee or job applicant in a wheelchair
A supervisor refusing to let an employee take a half-day off of work to go to necessary doctor’s appointments for her illness
A co-worker making crude remarks about people with HIV even after he was repeatedly asked to stop
A Manager refusing to allow an employee with diabetes to keep small snacks at their workstation to help regulate blood sugar levels
A job applicant being denied a job because she mentions her ADHD in an interview
A CEO making a policy that anyone with heart disease is to put on light duty under any circumstances for no reason other than his own misconceptions about heart disease
A repairman makes fun of an employee with downs syndrome and is not reprimanded by the employer
An employer knows an employee has dyslexia and calls her stupid and dumb when reprimanding her for a mistake
Your supervisor does not believe you have chronic migraines and refuses to allow you to sit in a dark room to help your migraine subside
A client refuses to allow you to work on his case because you are legally blind and must wear high prescription eyeglasses
Your boss fires you for taking a week off to undergo intensive chemotherapy, even though it was approved by HR
You are terminated because you complained that your supervisor makes fun of you for having anxiety
You are demoted while in rehab for alcohol and drug abuse.
Your employer denies continued benefits to you because you are diagnosed with a chronic illness

What Is the Statute of Limitations to File a Claim for Disability Discrimination in Miami?

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.

What Remedies Are Available for Disability Discrimination in Miami?

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:

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses
Reassignment or termination of the person responsible for the disability discrimination
Reviewing and revamping disability discrimination policies
Attorney’s fees
Back pay
Future pay
Pain and suffering
Emotional distress
Punitive damages

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

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Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

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

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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

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You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

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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

jessica gonzalez

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 Testimonialwon't be disappointed! 10/10

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How Long Will A Lawsuit for Disability Discrimination in Miami Last?

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.

A Few Things You Can Do Right Now

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.

Verdicts & Settlements

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$4.9 Million Settlement

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$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Miami Disability Discrimination Attorneys for Your Free Consultation

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.

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