Were you treated unfairly at work because of a disability?

Florida and federal law make it illegal for employers with 15 or more employees to treat you worse because of a physical or mental disability. The Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA) protect you in hiring, pay, promotions, training, discipline, and firing. Your employer must also provide reasonable accommodations, like a schedule change, extra unpaid leave, or modified equipment, unless doing so would cause an undue hardship. It is illegal to punish you for asking for one.

If your employer broke these laws, you can recover lost wages, emotional distress damages, punitive damages, and attorney’s fees. The deadlines are short: 300 days to file with the EEOC, or 365 days to file with the Florida Commission on Human Relations.

Key takeaways

  • You are protected if you have a disability, a record of one, or your employer thinks you have one. The law also protects you if you are treated worse because of a family member’s disability.

  • Conditions controlled by medication still count. Diabetes, depression, epilepsy, and cancer in remission can all qualify.

  • Your employer must work with you. Once you ask for an accommodation, your employer must discuss your limits and options with you.

  • Retaliation is a separate violation. Your employer cannot punish you for asking for an accommodation or reporting discrimination.

  • Compensation has limits under federal law. ADA damages for emotional distress and punishment are capped at $50,000 to $300,000, based on employer size. Florida law does not cap emotional distress damages against private employers.

  • Your filing clock is already running. You have 300 days to file with the EEOC or 365 days to file with the Florida Commission on Human Relations.

About the Florida disability discrimination lawyers at Brenton Legal

Brenton Legal has represented Florida employees in workplace discrimination claims since 2015. Our five attorneys bring over 40 years of combined legal experience. Two of our partners once served as general counsel, the top in-house lawyer, for large employers. That inside view helps us predict how your employer will respond to your claim and plan for it from the start.

We represent everyone from minimum-wage workers to top-level executives, and our clients rate us 4.9 out of 5 across 70 Google reviews.

Ryan Brenton, Founding Partner, was General Counsel for a large service-industry corporation. He has since handled class actions and discrimination, harassment, and retaliation claims before the Eleventh and Tenth Circuit Courts of Appeals, the EEOC, and the U.S. Department of Labor. He knows how companies defend disability claims and where their decisions don’t hold up.

Alison Churly, Managing Partner, spent over six years as General Counsel for the Broward County Clerk of Courts, an office with 500+ employees. Earlier in her career, she secured a seven-figure award in a gender discrimination, sexual harassment, and retaliation case. She is Vice Chair (2026 to 2027) of the Florida Supreme Court Rules of General Practice and Judicial Administration Committee and a Florida Supreme Court pro bono award recipient.

How we work with you:

  • We’re candid. You will know the strengths and weaknesses of your case from the first meeting.

  • We’re selective. We take on cases where we can focus fully on your goals.

  • We solve problems. Some cases settle with a well-timed letter, and some need a judge or jury. We handle both.

Learn more about where you stand before you decide anything with a free consultation.

Get A Consultation: Call 1-954-639-4644 or Book Online

Which laws protect Florida workers with disabilities?

Two main laws protect you: the federal Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA).

Here’s how the ADA and FCRA compare:

ADA (FEDERAL) FCRA (FLORIDA)
Employers covered 15 or more employees. 15 or more employees.
Where you file first EEOC. Florida Commission on Human Relations.
Deadline to file 300 days in Florida. 365 days.
Punitive damages Capped with emotional distress damages ($50,000 to $300,000). Up to $100,000.
Emotional distress damages Capped (see above). No cap.

A charge filed with one agency is usually filed with the other at the same time. After that, strict lawsuit deadlines apply, some as short as 90 days, which is why speaking with a lawyer early is important.

Does your condition count as a disability?

It is important to understand what counts as a disability according to the law.

Under the ADA, a person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability.

The ADA prohibits employers from discriminating against qualified individuals with disabilities in all employment practices.

Since 2008, the law has read “disability” broadly, so your condition still counts if:

  • Medication, therapy, or a device controls it (ordinary glasses and contact lenses are the only exception).

  • It comes and goes, like epilepsy, multiple sclerosis, or PTSD.

  • It is in remission, like cancer, but would limit you when active.

This means conditions like diabetes, depression, anxiety, and heart disease often qualify.

The law also protects you if:

  • You have a history of such a disability.

  • An employer believes that you have such a disability, even if this is not the case.

  • Your employer treats you worse because of a family member’s disability, such as a spouse or child you care for.

Additionally, an employer is required to make a reasonable accommodation for a qualified individual with a disability unless doing so would impose an undue hardship (significant difficulty or expense). This is the heart of the ADA’s meaning.

What does disability discrimination look like?

The ADA bans disability discrimination in every part of your job. Here is how it shows up:

AREA OF YOUR JOB EXAMPLE OF ILLEGAL CONDUCT
Hiring Refusing to interview you because you use a wheelchair or hearing aid.
Interviews Asking about the nature or severity of your condition before a job offer.
Medical exams Requiring an exam before a job offer, or after an offer, when other new hires in the same job don’t have one.
Promotions Passing you over for a less qualified coworker after you disclose a diagnosis.
Pay and benefits Paying you less or cutting your health benefits.
Job assignments and training Giving you fewer shifts, worse assignments, or less training.
Layoffs and firing Choosing you for a layoff or firing you after you request an accommodation.

This is not a complete list. If you were treated worse at work because of your condition, contact a Florida disability discrimination attorney to find out whether you have a case.

Note that testing for the use of illegal drugs is not considered the same as a medical examination. It is not regulated under the ADA like medical examinations.

Can your employer fire you for using medical marijuana?

Florida law lets employers keep drug-free workplace policies and does not require them to allow medical marijuana use at work.

In July 2026, a Florida appeals court ruled that Hillsborough County did not have to excuse a firefighter-paramedic’s positive test from off-duty medical use (Hillsborough County v. Giambrone, Fla. 2d DCA, Case No. 2D2025-0115).

Your rights depend on your job, your employer’s written policy, and any union contract, so talk with a lawyer before you respond to a positive test.

What should you do right now if you’ve been discriminated against?

Take these three steps to protect your claim:

  • 1

    Put your accommodation request in writing, even if you already asked out loud, and save every reply from HR or your manager.

  • 2

    Mark the date of the firing, demotion, or denial on your calendar. Your 300-day and 365-day filing clocks start then.

  • 3

    Do not sign a severance agreement or release until a lawyer reviews it, because it may give up your right to sue.

We can review your documents and deadlines in a free consultation.

Get A Consultation: Call 1-954-639-4644 or Book Online

What is a reasonable accommodation?

A reasonable accommodation is a change to the job, the workplace, or the hiring process that allows a qualified person with a disability to apply for the job, perform the job, or enjoy the same benefits as other workers.

Reasonable accommodations can include:

  • Introducing greater accessibility.

  • Modifying equipment.

  • Job restructuring or modification of work schedules.

  • Providing additional leave (unpaid).

  • Modifying training materials or policies.

  • Providing qualified readers or interpreters.

  • Reassignment to a vacant position.

Your employer cannot simply say no. Once you ask for help, federal rules expect your employer to talk with you about your limits and the options, a step called the interactive process. If your employer ignores your request or refuses to discuss it, that alone can support a claim.

What counts as reasonable depends on the employer’s size and resources, but cost alone rarely excuses a large employer.

What compensation can you claim for disability discrimination in Florida?

Yes. If your employer broke the law, you can recover money for what you lost and for the harm you suffered.

Here is what you can recover:

TYPE OF COMPENSATION WHAT IT COVERS LIMITS
Back pay Lost wages and benefits from the date of discrimination. Under the FCRA, back pay cannot go back more than 2 years before your complaint.
Reinstatement or front pay Your job back, or pay until you find similar work. Set by the court.
Compensatory damages Emotional distress, mental anguish, loss of dignity, and medical bills. ADA: combined with punitive damages, capped at $50,000 to $300,000 based on employer size. FCRA: no cap for private employers.
Punitive damages Extra damages to punish malicious or reckless conduct. ADA: inside the cap above. FCRA: up to $100,000. Not available against government employers.
Attorney’s fees and costs Your legal fees if you win. Awarded by the court.

Under the ADA, the cap depends on how many people your employer employs:

  • $50,000 for 15 to 100 employees.

  • $100,000 for 101 to 200 employees.

  • $200,000 for 201 to 500 employees.

  • $300,000 for more than 500 employees.

In a recent Florida case, a jury awarded $405,083, including $350,000 in punitive damages, to a veteran whose job offer was pulled after her PTSD medication caused a failed drug test. The court later cut the award to the federal cap.

In accommodation cases, the paper trail is key. Federal law lets an employer avoid emotional distress and punitive damages if it proves it made a good-faith effort to work with you on an accommodation. We gather the emails, notes, and HR records that show what really happened.

How does Brenton Legal build your disability discrimination case?

Our attorneys have worked on the employer side, so we build your case to withstand the arguments a company’s lawyers will make.

STEP WHAT WE DO FOR YOU
1. Free consultation We review what happened, your medical paperwork, and your filing deadlines.
2. Gather evidence We collect accommodation requests, emails, performance reviews, and proof of how coworkers were treated.
3. File your charge We file with the EEOC or the Florida Commission on Human Relations before your deadline runs out.
4. Negotiate We push for a fair settlement through direct talks or mediation, often before a lawsuit is filed.
5. Go to court if needed We file in Florida state or federal court. Our founding and managing partners are admitted to the U.S. Court of Appeals for the Eleventh Circuit and the Southern and Middle Districts of Florida.

Are you facing subtle disability discrimination or retaliation?

Sometimes, disability discrimination in the workplace is blatant, but it can also take subtler forms, such as:

  • A question asked during an interview.

  • Being well-qualified for a promotion but ignored in preference to a less-qualified or less-experienced individual.

  • Being treated differently after an accident leaves you disabled.

Discrimination like this is, unfortunately, still common in the workplace.

In fiscal year 2025, 35 of the 94 discrimination lawsuits the EEOC filed included disability claims. In 24 of those 35 cases, the EEOC alleged that the employer had refused a reasonable accommodation.

The results can severely impact lives, leading to:

  • Restricted career opportunities.

  • Lower income.

  • Stress and other health issues.

Sometimes, disability discrimination is unreported out of fear of losing one’s job.

You are protected from employer retaliation if you:

  • Make a complaint.

  • File a charge with the Equal Employment Opportunity Commission (EEOC).

  • Serve as a witness in another employee’s disability discrimination case.

  • Ask for a reasonable accommodation.

If you have been discriminated against, seek the right legal advice before taking any action.

Testimonials

Here’s what past clients have been saying about us.

“Amazing”

“Everyone in this firm is amazing. Words can’t express how much peace of mind they’ve given me. I highly recommend you to let them represent you for any legal assistance.”

F.C.

“Gets things done”

“Most definitely a 10/10. The team gets things done with great communication. And to the law firm, thank you all so much for taking my case. Pure execution, you guys are the greatest.”

N.P.

“Highly recommend”

“Ryan Brenton is an even-keeled, knowledgeable professional. He got me a settlement as quick as the slow grinding wheels of the justice system allow. I highly recommend Ryan in employment-related matters.”

D.G.

Read more reviews. Past results do not guarantee future outcomes.

Related employment cases

Disability discrimination often overlaps with other workplace violations.

Our team also handles:

  • Family and Medical Leave Act: The FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave for a serious health condition, and it can work alongside your ADA rights.

  • Employer Retaliation: Being punished for requesting an accommodation or reporting discrimination is a separate claim, even if the underlying discrimination is difficult to prove.

  • Wrongful Termination: If you were fired soon after sharing a diagnosis or returning from medical leave, the timing can help show the real reason.

  • Workplace Harassment: Repeated jokes, insults, or pressure about your condition can amount to unlawful disability harassment.

  • Pregnancy Discrimination: Pregnancy-related limitations can entitle you to accommodations under the federal Pregnant Workers Fairness Act, even when they don’t count as a disability.

  • Age Discrimination: Older workers facing health changes may have claims under both disability and age discrimination laws.

If your situation involves more than one of these issues, we can bring all of your claims in a single case.

Florida disability discrimination FAQs

Not automatically. Once FMLA’s 12 weeks end, a short leave extension can still be a reasonable accommodation under the ADA. The EEOC has resolved cases against employers that fired workers instead of granting brief extensions supported by their doctors. Ask in writing before your leave ends.

No. A ‘100% healed’ or ‘full duty’ rule that ignores accommodation can break the ADA. Your employer must consider whether you can do the job’s essential functions with restrictions or changes. In 2025, one trucking employer paid $919,000 to resolve an EEOC case over such a policy.

Your employer must prove a ‘direct threat,’ a significant risk of substantial harm that accommodation cannot reduce, based on current medical evidence about you, not stereotypes.

No. The ADA requires employers to keep medical information in separate, confidential files. Only supervisors who need to know about work restrictions or accommodations, first aid and safety staff, and government investigators can be told. Sharing your diagnosis with coworkers can support a separate ADA claim.

Ready to hold your employer accountable?

Book a free consultation, and a Brenton Legal attorney will review what happened, check your deadlines under Florida and federal law, and give you a straight answer about what your claim could be worth. You do not need to have all the evidence before you call. We will help you gather it.

Get A Consultation: Call 1-954-639-4644 or Book Online

Legal references

In the interest of accuracy, this page is informed by the following primary legal resources:

Ryan-Brenton

Last Modified: October 19, 2026

Ryan Brenton

Ryan Brenton, the founding partner of Brenton Legal PA, is a distinguished employment lawyer with a profound experience in a variety of employment disputes.

His practice encompasses complex litigation, wage and hour class action cases, and discrimination, harassment, and retaliation claims. Representing a diverse clientele, from minimum wage workers to executives, Ryan has successfully argued cases in both state and federal courts, as well as in administrative proceedings. His legal acumen has earned him a national reputation and respect from clients and peers alike.

A graduate of Nova Southeastern University, Shepard Broad Law Center, and holding a B.S. in Economics from Florida Atlantic University, Ryan’s legal prowess is underpinned by a solid educational foundation. His commitment to justice and fairness in the workplace marks him as a trusted advocate in the field of employment law.

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