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Americans With Disabilities Act: Retaliation

The Americans with Disabilities Act (“ADA”) protects individuals with disabilities from discrimination in the context of employment.  A disability under the ADA is generally defined as a physical or mental condition that substantially limits a major life activity. 

The ADA also protects employees from retaliation.  Retaliation is when an employer takes a materially adverse action (i.e. refusing to hire, firing, demotion, suspension without pay, etc.) because an applicant or employee asserts their rights.  Specifically, the ADA protects employees from retaliation because an employee has opposed an act or practice made illegal by the ADA.  This is often referred to as the “opposition clause.” It also protects employees from retaliation because the employee made a charge of discrimination, testified, assisted or participated in any manner in an investigation, proceeding, or hearing.  This is often referred to as the “participation clause.”  The Florida Civil Rights Act also provides employees with similar protections. 

A disability retaliation claim consists of the employee engaging in a statutorily protected activity, suffering an adverse employment action, and a causal link between the protected activity and the adverse employment action suffered.   An employer that retaliates against an employee for requesting a reasonable accommodation violates the foregoing and the ADA’s retaliation protections. 

Victims of disability retaliation may be able to obtain monetary damages, as well as, their attorney fees and costs.  If you have suffered from disability retaliation in the workplace, please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill out the online form located on our website. 

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