Florida Disability Discrimination: Workplace Rights and Accommodations

Quick Answer: Disability discrimination is illegal in Florida under both the Florida Civil Rights Act (FCRA) and the federal Americans with Disabilities Act (ADA). Employers with 15+ employees must not discriminate and must provide reasonable accommodations for qualified employees with disabilities. The FCRA uses the term "handicap" but provides similar protections. You have 365 days to file with FCHR or 300 days with EEOC.

Your disability shouldn't limit your career opportunities.

Laws Protecting Disabled Workers

Americans with Disabilities Act (ADA)

Federal protection:

• Employers with 15+ employees
• Prohibits discrimination against qualified individuals
• Requires reasonable accommodations
• Filing deadline: 300 days with EEOC

Florida Civil Rights Act (FCRA)

State protection:

• Employers with 15+ employees
• Uses term "handicap" but similar coverage
• Filing deadline: 365 days with FCHR

ADA Amendments Act (ADAAA)

Broadened coverage (2008):

• Expanded definition of disability
• Easier to establish coverage
• Focus on employer conduct, not employee limitations

Who Is Protected

Definition of Disability

Under ADA, disability means:

• Physical or mental impairment substantially limiting major life activity
• Record of such impairment
• Being regarded as having such impairment

Major Life Activities

Include:

• Walking, seeing, hearing, speaking
• Breathing, learning, thinking
• Concentrating, communicating
• Working, sleeping
• Major bodily functions (immune, digestive, neurological systems)

Examples of Protected Disabilities

May include:

• Mobility impairments
• Visual or hearing impairments
• Diabetes, epilepsy, HIV/AIDS
• Cancer (including history of)
• Mental health conditions (depression, PTSD, bipolar)
• Learning disabilities
• Chronic conditions (MS, lupus, Crohn's)
• Many more

Who Is NOT Protected

Generally not covered:

• Current illegal drug users
• Temporary impairments (usually)
• Minor impairments not substantially limiting

What's Prohibited

Discrimination in Employment

Cannot discriminate in:

• Hiring and firing
• Compensation and benefits
• Promotions and training
• Job assignments
• Any term or condition of employment

Harassment

Prohibited:

• Offensive comments about disability
• Hostile treatment based on disability
• Creating hostile work environment

Medical Inquiries

Restrictions on employers:

• Cannot ask about disability before job offer
• Limited medical exams only after offer
• Must keep medical information confidential

Retaliation

Cannot punish for:

• Requesting accommodation
• Filing disability complaint
• Participating in investigation
• Opposing discrimination

Reasonable Accommodations

What Is Reasonable Accommodation

Modifications or adjustments allowing:

• Application for a job
• Performance of essential job functions
• Enjoyment of equal benefits and privileges

Examples of Accommodations

Common accommodations:

• Modified work schedule
• Reassignment to vacant position
• Accessible workstation modifications
• Assistive technology
• Job restructuring
• Modified policies
• Leave for treatment
• Work from home options
• Reader or interpreter

The Interactive Process

How it works:

1. Employee requests accommodation (or employer notices need)
2. Employer and employee discuss limitations
3. Identify potential accommodations
4. Implement effective accommodation
5. Monitor and adjust as needed

Employee's Responsibility

You should:

• Communicate your need
• Explain functional limitations
• Suggest accommodations if possible
• Provide documentation if requested
• Participate in process

Employer's Responsibility

Employer must:

• Engage in good faith interactive process
• Consider requested accommodations
• Provide effective accommodation
• Not require specific accommodation requested
• Document the process

Undue Hardship

When Employer Can Refuse

Accommodation not required if:

• Significant difficulty or expense
• Would fundamentally alter operation
• Would cause direct threat to safety

Factors Considered

In determining hardship:

• Cost of accommodation
• Employer's financial resources
• Size of business
• Nature of operation
• Impact on operations

Undue Hardship Is Rare

Courts generally find:

• Most accommodations are low-cost
• Large employers rarely show hardship
• Must consider all resources

Essential Functions

What Are Essential Functions

Core job duties:

• Primary reasons position exists
• Limited number of employees to perform function
• Highly specialized tasks

Why It Matters

You must be able to:

• Perform essential functions
• With or without reasonable accommodation

If you cannot perform essential functions even with accommodation, employer may not be required to retain you.

Determining Essential Functions

Evidence includes:

• Job description
• Amount of time spent on function
• Consequences of not performing
• Collective bargaining agreements
• Work experience of past employees

Medical Examinations and Inquiries

Before Job Offer

Employer cannot:

• Ask about disability
• Ask about medical history
• Require medical exam
• Ask about workers' comp history

After Conditional Offer

Employer may:

• Require medical exam
• Ask disability-related questions
• But must do so for all entering employees in that category

During Employment

Limited to:

• Job-related inquiries
• Consistent with business necessity

Common Disability Discrimination Scenarios

Scenario 1: Not Hired Due to Disability

Situation: You disclose back problem at interview. Employer says "we need someone who can be reliable."

Analysis: Assuming limitations without individual assessment is discrimination. Must evaluate actual ability.

Scenario 2: Accommodation Denied

Situation: You request flexible schedule for dialysis appointments. Employer says "we can't make exceptions."

Analysis: Failure to engage in interactive process violates ADA. Must consider accommodation.

Scenario 3: Terminated After Medical Leave

Situation: You return from cancer treatment. Position "eliminated" during your absence.

Analysis: Timing suggests disability discrimination. Position elimination may be pretext.

Scenario 4: Regarded as Disabled

Situation: Employer learns you have HIV. Despite being healthy and capable, you're reassigned to isolated work.

Analysis: "Regarded as" discrimination—treating you as disabled when you're not limited.

Scenario 5: Failure to Accommodate Mental Health

Situation: You request schedule modification for therapy appointments. Employer fires you for "attendance issues."

Analysis: Mental health conditions are covered. Employer must engage in interactive process.

Filing a Complaint

FCHR (Florida)

Deadline: 365 days from discrimination Phone: 850-488-7082 Website: fchr.myflorida.com

EEOC (Federal)

Deadline: 300 days from discrimination Phone: 1-800-669-4000 Website: eeoc.gov

Dual Filing

Recommended:

• File with both agencies
• Check dual-filing box
• Preserves all options

Building Your Case

Evidence to Gather

Document:

• Your disability and limitations
• Accommodation requests (in writing)
• Employer responses
• Performance history
• Timeline of events
• Witnesses

Medical Documentation

May need:

• Doctor's statement of condition
• Functional limitations
• Recommended accommodations
• Ability to perform essential functions

Interactive Process Record

Keep records of:

• All accommodation discussions
• Suggestions you made
• Employer's responses
• What was tried/rejected

Damages Available

What You May Recover

If discrimination proven:

• Back pay (lost wages)
• Front pay (future wages)
• Reinstatement
• Compensatory damages (emotional distress)
• Punitive damages (in some cases)
• Attorney's fees

Federal Damages Caps

ADA caps (compensatory + punitive):

• 15-100 employees: $50,000
• 101-200 employees: $100,000
• 201-500 employees: $200,000
• 500+ employees: $300,000

Special Issues

Mental Health Disabilities

Fully protected:

• Depression, anxiety, PTSD
• Bipolar disorder
• Schizophrenia
• Other mental health conditions

Same rights to accommodation as physical disabilities.

Temporary Disabilities

Generally not covered unless:

• Substantially limiting
• Record of condition
• Regarded as disabled

Associational Discrimination

Also prohibited:

• Discrimination because of family member's disability
• Example: Not hiring because spouse has cancer

Protecting Yourself

Requesting Accommodations

Best practices:

• Request in writing
• Be specific about limitations
• Suggest possible accommodations
• Provide documentation if requested
• Follow up in writing

Documenting Issues

Keep records of:

• All accommodation requests and responses
• Performance before and after disclosure
• Any discriminatory comments
• Witnesses to events

Knowing Your Limits

Understand:

• Essential functions of your job
• What accommodations might help
• When to escalate concerns

Frequently Asked Questions

Do I have to disclose my disability?

No, unless you need accommodation. However, you cannot be protected from discrimination based on disability employer didn't know about.

What if my disability is invisible?

Same protections apply. Mental health conditions, chronic illnesses, and other invisible disabilities are covered.

Can employer fire me for poor performance caused by disability?

Only if reasonable accommodation wouldn't enable you to perform essential functions. Must engage in interactive process first.

What if I develop a disability while employed?

Same protections apply. Employer must consider accommodations for existing employees who become disabled.

Can employer ask about my disability?

Limited circumstances only. Cannot ask before job offer. After hire, only job-related inquiries consistent with business necessity.

What if accommodation is expensive?

Employer must provide unless it causes undue hardship. Cost alone rarely justifies denial for larger employers.

Related Topics

• Florida Workplace Discrimination
• Florida Civil Rights Act Guide
• How to File FCHR Complaint
• Florida Workplace Retaliation

Take Action

Your disability doesn't define your ability to work. If you face discrimination:

1. Document your disability and limitations
2. Request accommodations in writing
3. Engage in the interactive process
4. Keep records of all interactions
5. File with FCHR (365 days) or EEOC (300 days)
6. Consult an employment attorney

You have the right to work without discrimination. Exercise that right.

Legal Disclaimer

This article provides general information about disability discrimination in Florida and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Florida employment attorney.

For official information:

• Florida Commission on Human Relations: https://fchr.myflorida.com/ | 850-488-7082
• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/ | 1-800-669-4000
• ADA Information Line: 1-800-514-0301