Disability Discrimination Lawyer in Tampa, FL

Assisting Clients Who Have Experienced Discrimination Based on Their Disability in Florida

Employers are prohibited from discriminating against a qualified individual with a disability. A person is a qualified individual if they are able to perform the essential functions of their job, with or without an accommodation. Employers are not allowed to make assumptions about a disabled person’s abilities or limitations. 

At Lee Law, PLLC, we are dedicated to championing the rights of individuals facing disability discrimination in the workplace. Our commitment is to ensure that all employees in Tampa and the surrounding areas are treated fairly and equitably, irrespective of their disabilities. 

Facing disability discrimination at work? Contact us today at (813) 730-5575 for a confidential consultation!

Examples of Disability Discrimination

Disability discrimination can manifest in various formats, including:

• Hiring and Firing: Refusing to hire or wrongfully terminating an individual solely because of their disability.
• Reasonable Accommodations: Failing to deliver reasonable accommodations to enable a disabled employee to perform their job effectively.
• Promotions and Benefits: Denying promotions, bonuses, or benefits to an employee due to their disability.
• Harassment: Subjecting an individual to derogatory comments, jokes, or offensive behavior based on their disability.
• Job Assignments: Assigning less favorable tasks or responsibilities to an employee because of their disability.

What Proof Do I Need in a Disability Discrimination Case?

Proving disability discrimination requires establishing several key elements:

• Evidence of Disability: Documentation proving that you have a disability as defined by the Americans with Disabilities Act (ADA).
• Adverse Action: Demonstrating that you experienced adverse treatment, such as being fired, demoted, or denied reasonable accommodations, because of your disability.
• Comparison to Others: Showing that non-disabled individuals in similar situations received more favorable treatment.
• Employer's Knowledge: Evidence that your employer was aware of your disability and took discriminatory action against you because of it.
• Pretext: Disproving any legitimate reasons provided by the employer for the adverse action, establishing that discrimination based on disability was the true reason.

Legal Protections for Disabled Employees

Disabled employees are protected by both federal and state laws to ensure they receive fair treatment in the workplace.

• The Americans with Disabilities Act (ADA) – The ADA prohibits employers from discriminating against qualified individuals with disabilities in hiring, promotions, job assignments, and other employment decisions. It also requires employers to provide reasonable accommodations unless it creates an undue hardship.
• Florida Disability Discrimination Laws – In addition to federal protections, Florida’s Civil Rights Act offers similar safeguards for disabled employees, ensuring they are not treated unfairly due to their medical conditions.
• Equal Employment Opportunity Commission (EEOC) – The EEOC enforces disability discrimination laws and investigates claims. Employees who face discrimination can file a complaint with the EEOC, which may lead to mediation, settlement, or legal action against the employer.

What Constitutes a Reasonable Accommodation?

A reasonable accommodation is a change or adjustment that allows an employee with a disability to perform their job duties effectively. Examples include:

• Flexible work schedules – Adjusting start and end times or allowing part-time work.
• Assistive technology – Providing screen readers, speech-to-text software, or ergonomic equipment.
• Remote work options – Allowing employees to work from home if their disability makes commuting difficult.
• Modified workspaces – Installing wheelchair ramps, accessible desks, or specialized office equipment.
  If an employer refuses to provide reasonable accommodations:
  • Employees should submit a formal request in writing explaining the needed accommodation and how it enables job performance.
  • If denied, the employer must prove that providing the accommodation would create an undue hardship, meaning it would be excessively costly or disruptive to business operations.

Retaliation After Reporting Disability Discrimination

Employers cannot punish employees for asserting their rights under disability discrimination laws. Retaliation can take many forms, including:

• Demotions or job reassignments to less desirable roles.
• Pay cuts or loss of benefits without a valid reason.
• Negative performance reviews or sudden disciplinary actions.

If you experience retaliation:

• Document all incidents, including dates, interactions, and employer responses.
• File a complaint with the EEOC or a Florida state agency.
• Consult a disability discrimination lawyer to understand your rights and potential legal action.

Why Choose Us?

• Experience: Our legal team boasts extensive experience in handling disability discrimination cases. We understand the intricacies of the law and will use our knowledge to advocate for your rights.
• Personalized Approach: We recognize that every case is unique. We take the time to understand your specific situation, needs, and concerns, tailoring our legal strategies to achieve the best possible outcome for you.
• Strong Advocates: Lee Law, PLLC is known for its unwavering commitment to protecting the rights of clients. We will stand by your side, ensuring your voice is heard and your case is pursued vigorously.

Our Florida Disability Discrimination Services

• Reasonable accommodation
• Qualified individual
• Perceived disability
• Medical history
• Medical examination

Frequently Asked Questions (FAQ)

Can an employer ask about my disability during a job interview?

• No. Employers cannot ask about specific medical conditions or disabilities during an interview. However, they can ask if you can perform the essential functions of the job with or without reasonable accommodation.

Do I have to disclose my disability to my employer?

• No, unless you are requesting reasonable accommodations. If you choose to disclose, your employer must keep your medical information confidential and cannot use it against you.

Can my employer fire me if my disability prevents me from doing my job?

• Employers cannot fire you solely because of a disability. However, if you cannot perform the essential job functions even with reasonable accommodations, termination may be legal. Consulting a lawyer can help determine if your rights were violated.

What should I do if I suspect my employer is discriminating against me?

• Document everything – Keep records of emails, performance reviews, and incidents related to discrimination.
• Report the issue – File a complaint with HR or management.
• Seek legal guidance – A disability discrimination lawyer can help you understand your options and protect your rights.

Yes! Compensation may include:

• Lost wages and benefits.
• Emotional distress damages.
• Attorney’s fees and court costs.
• Job reinstatement in some cases.

What if my employer says my disability poses a safety risk?

• Employers must provide clear evidence that a direct safety threat exists. They cannot assume you are a risk simply because of your disability. A lawyer can challenge unfair claims and fight for your rights.

Contact Our Tampa Disability Discrimination Lawyers

If you or someone you know has faced disability discrimination at work, don't hesitate to contact Lee Law, PLLC. Our team is here to guide you through the legal process, advocating for your rights and working tirelessly to ensure justice prevails.

Your rights matter, and so does your workplace fairness. Contact us today to schedule a consultation with a trusted Tampa Disability Discrimination Attorney. Lee Law, PLLC, is here to fight for you.

Your disability should never be a reason for unfair treatment in the workplace. Contact us now at (813) 730-5575 to speak with an experienced attorney and take the first step toward protecting your rights!