Employment Discrimination

Florida law prohibits a private employer from taking any retaliatory personnel action against an employee in certain situations, including: (1) because the employee has disclosed or has threatened to disclose to the government that an employer is engaging in an activity or has a policy or practice that violates a law, rule, or regulation; (2) because an employee has provided information to, or testified before, a governmental agency, person, or entity that is investigating, holding a hearing, or conducting an inquiry into an employer’s alleged violation of a law, rule, or regulation; or (3) because an employee has objected to, or refused to participate in the employer’s activity, policy, or practice which violates a law, rule, or regulation. Florida law also has a Whistleblower law that covers public employers and employees. Finally, under certain circumstances, Federal law may provide a basis for asserting a Whistleblower action. If you believe you have been retaliated against for any of these reasons, do not hesitate to call our office to discuss your potential claim.

The Americans with Disabilities Act (ADA) and Florida law prohibit certain employers from discriminating against qualified individuals with disabilities or perceived disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA protects employees who have an impairment that substantially limits a “major life activity” such as self-care, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The ADA also protects employees who have an impairment that substantially limits a “major bodily function” such as “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” Mitigating measures other than “ordinary eyeglasses or contact lenses” are not be considered in assessing whether an individual has a disability. An impairment that is episodic or in remission is still considered a disability if it would substantially limit a major life activity when active. So long as an employee can perform the essential job functions with a “reasonable” accommodation, then the employee is protected from discrimination under federal and some state laws.