Filing a disability accommodation discrimination claim in Florida

This probably doesn't feel like a legal problem yet. The way it really feels is this: you asked for a change that would let you do your job with your condition — and it was brushed off, or it cost you the job.

What this actually looks like

Most people don't walk in calling it “disability accommodation discrimination.” They describe a situation:

• You asked for a schedule change, a piece of equipment, a transfer, or remote work for a medical condition — and got no real response.
• No one ever sat down with you to talk options through; the request just died.
• You were told “we don't do that here” instead of any look at whether it was workable.
• Discipline or termination followed soon after you made the request.

Under the Americans with Disabilities Act, an employer with 15 or more workers must engage in an interactive process and provide a reasonable accommodation for a known disability — unless it is a genuine undue hardship — and cannot retaliate against you for requesting one or for the employer's own refusal to engage. In Florida it's prohibited by the state Human Rights Law; federally, by The Americans with Disabilities Act.

The Florida route: FCHR

In Florida, a disability accommodation discrimination charge is filed with Florida Commission on Human Relations (FCHR), which enforces the state Human Rights Law. The agency investigates and may attempt conciliation or hold a hearing. A complaint generally must be filed within 365 days of the discriminatory act, and the law applies to employers with 15+. Where state representation is permitted, this is the route Thurgood works through for employees in Florida.

The federal route: the EEOC

The same conduct can be filed federally with the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act. The federal filing deadline is generally 180–300 days where a state agency exists, and the Americans with Disabilities Act applies to employers with 15+ employees. The EEOC and FCHR typically maintain a work-sharing agreement, so one charge can be cross-filed.

The statutes & deadlines

Both systems prohibit the same core conduct and protect against retaliation. Here are the specific provisions and the clocks that run on each.

What happens after you file

A charge isn't a lawsuit, and it doesn't go straight to a judge. Both agencies run an investigation first — but they end differently, and that difference is easy to miss.

Florida — FCHR

1. You file a verified complaint with Florida Commission on Human Relations (FCHR).
2. The agency notifies the employer and investigates — records, witnesses, position statements.
3. It issues a determination, often a probable-cause finding; many matters settle through conciliation along the way.
4. Depending on the state, the agency may hold a hearing before an administrative law judge, or issue a determination and a notice of right to sue.
5. Where it holds a hearing, the agency can order relief directly — back pay, damages, reinstatement, civil penalties — without a separate lawsuit.

Federal — EEOC

1. You file a charge with the EEOC.
2. The EEOC notifies the employer, which submits a position statement.
3. The EEOC investigates and often offers mediation.
4. It issues a cause / no-cause determination and attempts conciliation.
5. To compel relief, the case goes to court — the EEOC can sue, or issue a right-to-sue letter so the worker can.

The contrast that's easy to miss: FCHR can hold a hearing and order a remedy itself, while the EEOC investigates and conciliates but generally needs a court to force one. That's a real reason the state route can matter in Florida.

Examples of what can make a disability claim hold up

Strong claims are rarely built on a single overheard comment. They're built on quieter evidence an investigator can test. Examples of what can carry a claim:

• The request. A concrete accommodation you asked for — in writing where possible — frames the claim; the ADA expects the employer to respond and explore options, not ignore it.
• The interactive process that never happened. An employer's refusal to discuss alternatives at all is itself evidence; the law requires a good-faith, interactive exchange.
• Feasibility and comparators. Accommodations the employer granted others, or the low cost and easy logistics of what you asked for, undercut an “undue hardship” defense.
• Timing. Discipline or termination close on the heels of the request supports the retaliation claim.

What you can recover

Remedies generally fall into a few buckets — lost pay, money for the harm itself, and orders that change what the employer does. Under the federal damages-cap framework (shared by Title VII, the ADA, and the PWFA), only compensatory and punitive damages combined are capped, scaling with employer size; back pay, front pay, interest, and attorney's fees sit outside the cap (front pay confirmed uncapped in Pollard v. DuPont; attorney's fees for a prevailing employee). Florida's own limits differ — the table separates them.

State damages limits vary; confirm against the current statute. Back pay and front pay are wage-based relief and fall outside these caps where available.

Case outcomes hinge on the facts, and no one can promise what yours will bring.

Recent Florida changes

Florida’s disability-accommodation duty closely follows the federal ADA, with a couple of state-specific wrinkles.

• State law tracks the ADA The Florida Civil Rights Act (Chapter 760, Florida Statutes) prohibits disability discrimination and requires reasonable accommodation much as the ADA does, and is enforced by the Florida Commission on Human Relations. Like the ADA, it reaches employers with 15 or more employees. Florida Commission on Human Relations →
• A longer charge window A complaint under the Florida Civil Rights Act must be filed within 365 days of the discriminatory act — longer than the federal 300-day window — which can preserve a state claim even after the federal deadline has passed.

Florida outcomes worth knowing

• Baptist Health South Florida Individual $215,000 — A Miami hospital system had agreed to let a general practitioner with epilepsy limit her workday to eight hours, then reversed that accommodation and fired her. It paid $215,000 under a consent decree and agreed to train managers on modified-schedule accommodations. EEOC newsroom →
• GardaWorld Individual $37,500 — The security-services company failed to provide a reasonable accommodation to a Deaf / hard-of-hearing worker at a Florida operation. It paid $37,500 under a consent decree and agreed to changes aimed specifically at protecting Deaf and hard-of-hearing employees. EEOC newsroom →

How Thurgood represents you

Nationwide, Thurgood represents workers before federal agencies — and before state agencies where permitted. An Authorized Justice Practitioner — a trained non-attorney representative — gathers the evidence and reconstructs the timeline, files the formal charge, and sees you through the agency process, from employer outreach through investigation and any hearing. You can start a free evaluation using Thurgood’s CaseFile AI — if the facts support it, you’ll be offered a free consultation with an associate who can represent your claim.

Frequently asked questions