In a cause of action for employment discrimination under the Florida Civil Rights Act (FCRA), a plaintiff may file an action for the unlawful employment practices of any employer, labor organization, or joint labor-management committee based on several different types of unlawful employment practices. However, it is not considered an unlawful employment practice for an employer, labor organization, or joint labor-management committee to take or fail to take any action on the basis of religion, sex, national origin, age, handicap, or marital status in a situation in which such a trait or the absence of a particular trait is a bona fide occupational qualification reasonably necessary for the performance of the particular occupation to which such an action or inaction is related. A qualified West Palm Beach employment discrimination lawyer may advise a plaintiff that a defendant may assert a defense of conduct based on a bona fide occupational qualification if the employment requires or limits a certain characteristic that the plaintiff possesses or lacks.

For example, a former detention officer who was morbidly obese and who suffered from osteoarthritis and hypertension run was not qualified for a position as a detention officer, as required to support a claim for disability discrimination. Additionally, the officers were required to meet or exceed minimum physical agility standards by completing a physical agility test, which included running, and the former officer's condition prevented her from running.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.