Many people with disabilities are able to work despite the challenges presented by their illnesses. Unfortunately, however, some employers treat employees with disabilities unfairly and ultimately terminate them because of their conditions or requests for accommodations. Firing a person because of a disability is unlawful, though, and employers that engage in such practices may be held liable for discrimination. Recently, a Florida court set forth an opinion explaining what an employee must prove to establish workplace discrimination in a case in which the employee alleged he was terminated due to a disability. If you believe you were fired for an unlawful reason, you may be able to pursue a discrimination claim, and it is smart to meet with a knowledgeable Florida workplace discrimination lawyer as soon as possible.
The Plaintiff’s Claims
It is alleged that the plaintiff worked for the defendant as a supervisor in a call center. He suffered a neck injury and was prescribed opioids. In 2016, he asked for FMLA leave so that he could participate in a detoxification program to reduce the dosage of his medicines. His leave was granted, and he returned to work without any difficulties. On several occasions after that, he was observed acting unresponsive and groggy, and he fell asleep at his desk multiple times.
Reportedly, the defendant was advised his behavior was unacceptable. He went on FMLA leave again to detoxify and advised that he was hoping to find treatment for his narcolepsy and once again be a valuable team member. He returned to work but was found sleeping again and was subsequently terminated. He then filed a lawsuit against the defendant, alleging disability discrimination in violation of the Florida Civil Rights Act (FCRA). Following discovery, the defendant moved for summary judgment. Continue reading ›