Miami Employment Discrimination Attorney Jason D. Berkowitz Explains Disability Discrimination and Reasonable Accommodation Rights Under Federal and Florida Law

MIAMI, FL - Employers in Florida are prohibited from discriminating against qualified employees with disabilities and are required to provide reasonable accommodations, yet many employers ignore these obligations, delay the interactive process, or retaliate when employees assert their rights. Miami employment discrimination attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/miami-discrimination-lawyer/disability-and-reasonable-accommodation/) is outlining the protections available under the Americans with Disabilities Act, the Florida Civil Rights Act, and local Miami-Dade County ordinances for employees facing disability-related workplace violations.

Miami employment discrimination attorney Jason D. Berkowitz explains that the ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, including walking, seeing, hearing, breathing, concentrating, and working. The ADA Amendments Act of 2008 broadened this definition significantly and directed courts to interpret the term in favor of broad coverage. The law recognizes three categories of disability: an actual impairment, a record or history of such an impairment, and being regarded as having an impairment. Conditions that commonly qualify include diabetes, cancer, epilepsy, multiple sclerosis, major depressive disorder, PTSD, and mobility impairments, among others. "The third category is particularly important because it protects employees whose employers perceive them as disabled and discriminate on that basis, even when there are no functional limitations," explains Berkowitz.

Miami employment discrimination attorney Jason D. Berkowitz notes that under 42 U.S.C. Section 12112(b)(5)(A), employers must provide reasonable accommodations unless doing so would impose an undue hardship on the business. Accommodations can take many forms depending on the employee's condition and the nature of the job, including modified work schedules or flexible hours, physical workspace modifications such as ergonomic furniture, assistive technology like screen readers or voice recognition software, remote work arrangements, reassignment to a vacant position, and granting leave as a disability-related adjustment. The accommodation does not need to be the employee's preferred option, but it must be effective in allowing the employee to perform the essential functions of the position.

Attorney Berkowitz emphasizes that when an employee requests an accommodation, the ADA requires both the employer and employee to engage in an interactive process, which is a good-faith conversation to identify the employee's limitations and explore possible solutions. Employees do not need to use specific legal terminology or cite the ADA by name when making a request. A simple statement about needing a change because of a medical condition is generally enough to trigger the employer's obligation. "Employers that refuse to participate in this process or unreasonably delay it may strengthen a failure-to-accommodate claim, especially when a workable accommodation was available," Berkowitz adds. Documenting accommodation requests in writing is recommended to create a record in the event a dispute arises later.

Anisley Tarragona, co-founding partner at BT Law Group, PLLC, notes that employers may deny an accommodation only if it would cause significant difficulty or expense relative to the size and resources of the business. Courts closely examine employer justifications for denying accommodations, and mere inconvenience or minor cost does not meet the undue hardship threshold under the ADA. Employers also cannot deny accommodations based on co-worker complaints, customer preferences, or generalized fears about the employee's disability. "Disability discrimination extends beyond the failure to accommodate," Tarragona observes. "It includes refusing to hire qualified applicants, terminating employees after learning about a condition, denying promotions, and retaliating against employees who assert their rights."

Filing a disability discrimination claim requires submitting a charge of discrimination with the EEOC within 300 days of the discriminatory act or with the Florida Commission on Human Relations within 365 days. In Miami, charges can be filed at the EEOC Miami District Office at 100 SE 2nd Street, Suite 1500. Under a worksharing agreement, a charge filed with one agency is automatically dual-filed with the other. After investigation, a right-to-sue letter allows the employee to proceed with a lawsuit in court. Under the FCRA, if the FCHR does not make a reasonable-cause determination within 180 days, it may issue a notice of rights allowing the complaining party to proceed.

Employees who prevail in a disability discrimination case may recover back pay, front pay, compensatory damages for emotional distress and mental anguish, punitive damages subject to federal caps based on employer size ranging from $50,000 to $300,000, reinstatement or a comparable position, and reasonable attorney's fees and costs. Under the Florida Civil Rights Act, punitive damages are capped at $100,000. The ADA's protections also extend to job applicants, as employers may not ask about the existence or severity of a disability before making a conditional job offer.

For those who believe their employer has violated their rights under the ADA or the FCRA, consulting with an employment discrimination attorney may help clarify the available legal options and ensure that filing deadlines are met.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based employment law firm dedicated to protecting workers' rights in discrimination, harassment, retaliation, and wage disputes. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm serves clients throughout Miami-Dade, Broward, and Palm Beach counties. For consultations, call (305) 507-8506.

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