Understanding Disability Discrimination Law

The Americans with Disabilities Act (ADA) and Florida state law prohibit employers from discriminating against employees based on their disabilities. Attorney Michael O. Massey, with his J.D. earned with High Honors from the University of Florida College of Law, has dedicated his practice to protecting the rights of individuals with disabilities in the workplace since establishing Massey & Duffy, PLLC in 2003.

Employers cannot terminate, demote, or discriminate against a person because of a physical or mental disability. Attorney Massey's judicial clerkship experience with Chief Judge Maurice M. Paul in the U.S. District Court provides him with valuable insight into how federal courts interpret and apply disability discrimination laws in complex cases.

Under the ADA and Florida law, individuals with qualified disabilities are protected from such discrimination. Both physical and mental disabilities fall under the protection of these laws. If you feel you've been discriminated against due to a disability, Attorney Massey's academic excellence, evidenced by graduating in the top 10% of his class, ensures you receive sophisticated legal guidance to understand your rights.

What Qualifies as a Disability Under the Law

Drawing on his experience as Senior Research Editor for the Florida Journal of International Law, Attorney Massey helps clients understand the legal definition of disability:

  • Physical Impairments - Conditions affecting bodily systems and functions

  • Mental Impairments - Psychological disorders and mental health conditions

  • Major Life Activities - Conditions that substantially limit activities such as walking, seeing, hearing, speaking, learning, or working

  • Record of Impairment - History of having a disability, even if currently in remission

  • Regarded As Having a Disability - Protection for those perceived as having a disability

The Duty of Reasonable Accommodation

Beyond prohibiting wrongful termination and harassment, employment laws require employers to make reasonable accommodations for disabled workers, helping them adjust to their work environment. Attorney Massey's comprehensive litigation experience allows him to effectively analyze accommodation requests and employer responses in disability discrimination cases.

Employers who fail to provide these accommodations may face civil liability. Understanding what qualifies as a reasonable accommodation can be complex, which is why consulting with an experienced employment law attorney like Michael Massey is crucial.

Examples of Reasonable Accommodations

  • Physical Workplace Modifications - Accessible facilities, ergonomic equipment, and workspace adjustments

  • Schedule Flexibility - Modified hours, part-time schedules, or work-from-home arrangements

  • Policy Adjustments - Exceptions to workplace policies to accommodate disabilities

  • Assistive Technology - Specialized software, equipment, or communication tools

  • Reassignment - Transfer to vacant positions when accommodation in current role isn't possible

  • Leave Flexibility - Extended or intermittent leave for treatment or recovery

Undue Hardship Considerations

Attorney Massey's specialized LL.M. in Taxation and previous experience as an International Tax Senior Consultant at Deloitte & Touche provide him with exceptional analytical skills to evaluate employer claims of undue hardship:

  • Cost Analysis - Determining whether accommodation costs are truly prohibitive

  • Operational Impact - Assessing the actual effect of accommodations on business functions

  • Facility Structure - Evaluating claims about physical workspace limitations

  • Resources Available - Analyzing employer size and financial capabilities

Perceived Disabilities and Retaliation

ADA protections extend to individuals wrongfully perceived as having a disability. For instance, an employee who is fired because their employer mistakenly believes they have AIDS or cancer could have grounds for a civil lawsuit, even if the employee doesn't have the condition in question.

With his multiple Book Awards in subjects including Evidence and Civil Procedure, Attorney Massey excels at building compelling cases in these complex scenarios:

  • Perception-Based Discrimination - Addressing adverse actions based on incorrect assumptions

  • Disability Record Discrimination - Protecting those with past medical conditions

  • Association Discrimination - Representing employees discriminated against due to their relationship with a person with a disability

Additionally, employers cannot fire, harass, or retaliate against an employee who seeks reasonable accommodation or files a complaint about disability discrimination. Attorney Massey's construction litigation experience at Vezina, Lawrence, & Piscitelli, P.A. and Moye, O'Brien, O'Rourke, Hogan & Pickert, P.A. provides him with the strategic litigation skills needed to address retaliatory actions effectively.

Workers' Compensation and Disability Protection

When an employee is injured on the job, workers' compensation is designed to cover medical expenses and a portion of lost wages, typically two-thirds, during recovery. In exchange for these benefits, employees generally cannot sue their employers. However, if a third party was responsible for the injury, the employee might be able to file a personal injury lawsuit.

At Massey & Duffy, PLLC, Attorney Massey represents individuals injured by third parties in the workplace and defends those facing retaliation for filing workers' compensation claims, drawing on his comprehensive understanding of both disability law and personal injury principles.

Intersection of ADA and Workers' Compensation

Attorney Massey's sophisticated legal background allows him to navigate the complex relationship between workers' compensation and disability discrimination:

  • Return-to-Work Accommodations - Ensuring proper accommodation after work-related injuries

  • Light Duty Programs - Addressing discriminatory application of modified work policies

  • Medical Restrictions - Protecting employees with permanent limitations following injuries

  • Independent Medical Examinations - Challenging biased or discriminatory medical evaluations

  • Disability Benefits Coordination - Ensuring proper integration of various benefit programs

Workers' Compensation Retaliation

Unfortunately, some employees fear filing for workers' compensation due to potential retaliation from their employers. Though most employers respect the rights of their employees, some retaliate against those who file claims. This behavior is not only immoral and short-sighted, but also illegal.

Florida Labor Code 440.205

Florida Labor Code 440.205 clearly prohibits retaliation against employees who file for workers' compensation benefits. The law states: "No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee's valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law."

Attorney Massey's experience in complex litigation provides him with the tools to effectively litigate retaliation claims under this statute.

Comprehensive Approach to Disability Discrimination Cases

Attorney Massey implements a strategic methodology for handling disability discrimination and retaliation claims:

Initial Case Assessment

  • Detailed Disability Analysis - Confirming legal disability status or perception issues

  • Accommodation Review - Evaluating reasonableness of requested accommodations

  • Documentation Assessment - Analyzing medical records and accommodation requests

  • Timeline Development - Establishing chronology of disability disclosure and adverse actions

  • Comparative Treatment - Examining how non-disabled employees are treated

Strategic Case Development

  • EEOC/FCHR Charge Preparation - Crafting compelling administrative complaints

  • Evidence Preservation - Securing documentation before it disappears

  • Medical Expert Coordination - Working with healthcare providers to document limitations

  • Witness Identification - Locating current and former employees who observed discrimination

  • Settlement Negotiation - Leveraging evidence for favorable pre-litigation resolution

Effective Litigation Strategy

  • Focused Discovery - Targeting key documents and testimony

  • Expert Testimony - Utilizing medical and vocational specialists

  • Dispositive Motion Practice - Defeating employer attempts to dismiss valid claims

  • Compelling Trial Presentation - Translating complex medical evidence into persuasive narratives

  • Damages Calculation - Detailed assessment of economic and non-economic losses

What Can I Do if I Face Disability Discrimination or Retaliation?

If you've been harassed, fired, demoted, or retaliated against due to a disability or for seeking workers' compensation benefits, know that you're not alone. Your employer may already be consulting with legal counsel to prepare for possible litigation, and you have the right to legal representation as well.

If you allege discrimination or retaliation, your employer may try to argue that your termination or demotion was unrelated to your disability or workers' compensation claim. Attorney Michael Massey will review the facts of your case and offer candid advice about your chances of success, drawing on his distinguished educational background and years of experience in employment law.

Contact Attorney Michael Massey at (352) 359-7538 or Massey@352law.com for a confidential evaluation of your disability discrimination or workers' compensation retaliation case.