Disability Discrimination Attorneys In Miami FL

Q: What Must I Prove to File a Disability Discrimination Claim?

You generally must show that you have a qualifying disability, were qualified for the job, and suffered an adverse employment action because of your disability, including failure to provide a reasonable accommodation when one was possible.

Q: How Long Do I Have to File a Disability Discrimination Complaint in Florida?

In Florida, a charge may need to be filed with the EEOC within 300 days of the discriminatory act, and claims under the Florida Civil Rights Act may also be filed with the Florida Commission on Human Relations, generally within one year.

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Miami’s Preferred Disability Discrimination Attorneys

FairLaw Firm Offers Free Case Evaluations In Florida

All too often, workers across Florida and the United States are unfairly discriminated against based on their disabilities. An employer does not have the right to refuse to hire someone with a disability because they believe the person may be a future liability to their company. Nor do they have the right to terminate a person with a disability because they think they will be unable to do their job. Just because you have a disability does not mean you cannot be an excellent asset to any company in any industry.

If you believe you have encountered employment discrimination due to your disability, give the disability discrimination attorneys in Miami FL at FairLaw Firm a call to request a free case evaluation.

Miami Disability Discrimination Attorneys Explain ADA & FCRA Protections

Title I of the Americans with Disabilities Act of 1990 (ADA) and the Florida Civil Rights Act (FCRA) prohibit employers with 15 or more employees from discriminating against workers with disabilities and workers who are not actually disabled but whom their employers consider (regard as) disabled. The Rehabilitation Act of 1973 is interpreted the same as the ADA, except it applies to governmental entities and to companies that receive federal funds. A disability is defined as a physical or mental impairment that limits one or more significant functions.

If you have a disability or even a perceived disability, you have the right to be treated the same as everyone else regarding employment. Public and private employers across all sectors and industries should be fair when it comes to hiring, firing, promoting, laying off, training, and accommodating their employees. Employers may not legally terminate you as long as you can do your job (with or without reasonable accommodations). Examples of disability discrimination in the workplace include:

What to Know About Filing Disability Discrimination Claims

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Refusal to hire someone with a disability
Demoting or firing someone due to their disability
Denying someone health insurance, benefits, or promotions due to their disability
Paying someone with a disability lower wages than others doing the same job
Retaliating against someone for filing a disability discrimination claim
Creating a hostile work environment fostering harassment regarding disabilities

Two other Florida state laws you should be aware of are the Public Employment Discrimination Law and the Vocational Rehabilitation Law. The first prohibits municipal and county employment discrimination as long as the individual is competent and able to do their job. The latter prohibits discrimination against individuals with disabilities and those who require a service animal from public employers. Employers who violate disability discrimination laws may be required to pay compensatory damages and back pay or benefits to those they have harmed with such behavior.

How Our Miami Disability Discrimination Attorneys Handle Claims

To pursue a disability discrimination claim under the ADA or the FCRA, you must timely file a Charge of Discrimination with wither the EEOC, FCHR, or the local government’s agency designated to investigate claims, and you could have as little as 180 to file your Charge.

It is in your best interest to consult a workplace discrimination lawyer with the resources and experience necessary to see your case to completion, even if it means going to court. FairLaw Firm is just such a law firm, backed by a sterling reputation of achieving desirable results.

Last updated: June 21, 2026

Reviewed by

Brian H. Pollock, Esquire

Brian H. Pollock is the founder of FairLaw Firm. He has practiced civil litigation since 1999 and focuses on employment matters involving unpaid wages, discrimination, harassment, and related workplace claims.

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Discriminated Against In The Workplace? How FairLaw Firm Helps

Since 2004, FairLaw Firm has been an advocate for workers across the Miami area faced with everything from workplace discrimination to wrongful termination, whistleblowing, and severance agreements. Our attorneys communicate with clients in terms they can understand to make the legal process feel less scary, overwhelming, or confusing.

We offer our legal services in English and Spanish to put every client completely at ease from the moment they step into our office. If you are a new client, we provide free case evaluations. We may be able to take on your case on a contingency fee basis, meaning you have nothing to lose and everything to gain when you talk to our compassionate, resourceful team today.

Request A Free Case Evaluation From Our Disability Discrimination Attorneys In Miami FL

Do you think you may have a case for our employment attorneys in Miami, FL? Contact FairLaw Firm today to request a free initial consultation for our legal services. We will set up your appointment at a time that is convenient for you.

Whether you feel you have been unfairly discriminated against by a current, former, or prospective employer due to your disability, we are always here to help. Get an idea about our capabilities and realistic outcomes for your case by checking out our client testimonials!

Discriminated Against in the Workplace How FairLaw Firm Helps

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1. Who Is Protected by the Americans With Disabilities Act (ADA)?

The ADA protects employees and job applicants with physical or mental impairments that substantially limit one or more major life activities. This includes individuals with a record of such an impairment or who are regarded as having an impairment. Employers with 15 or more employees are subject to the ADA.

2. What Must I Prove to File a Disability Discrimination Claim?

To bring a successful claim, you must show that: (1) you have a qualifying disability, (2) you were qualified for the job, and (3) you suffered an adverse employment action (such as termination or demotion) because of your disability. You must also show that your employer failed to reasonably accommodate your condition if such an accommodation was possible.

3. What Is a “Reasonable Accommodation” Under the ADA?

A reasonable accommodation is a change to the work environment or job duties that enables a person with a disability to perform essential job functions. Examples include modified work schedules, assistive technologies, or accessible workspaces. Employers are not required to provide accommodations that would cause “undue hardship.”

4. How Long Do I Have to File a Disability Discrimination Complaint in Florida?

In Florida, you must typically file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act. If proceeding under the Florida Civil Rights Act, you may also file with the Florida Commission on Human Relations (FCHR), generally within one year.

5. Can My Employer Fire Me for Requesting an Accommodation?

No. Retaliation for requesting a reasonable accommodation is prohibited under both federal and Florida law. If you are fired or otherwise penalized for asserting your rights, you may have a separate claim for retaliation in addition to your discrimination claim.