Under the Florida Civil Rights Act (FCRA), a physically disabled person must be employed in the service of the state and its political subdivisions, in the public schools, and in all other employment supported by public funds. Thus, no employer may refuse employment to any such individuals on the basis of their disability alone, and any person whom is discriminated against, or denied employment due to their disability may seek damages. However, if it is proven that the particular disability prevents the satisfactory performance of the work involved, the employer will not be held liable.
Addirionally an action for employment discrimination against a disabled person based on a violation of the FCRA must be filed within the four year statute of limitations. However, if the claim is filed pursuant to the federal laws with the Federal Equal Employment Opportunity Commission (EEOC) the complaint must be filed within 365 days. The EEOC then has 180 days to investigate the claim, and if the EEOC finds reasonable cause for the action, the plaintiff has 1 year from that time to file the cause of action.
For example, a legally blind state employee's lawsuit for employment discrimination against the state agency alleging discrete acts of employment discrimination on the basis of her handicap in violation of the FCRA accrued, for purposes of the four-year statute of limitations, on the date of each discriminatory act occurred, rather than the date the Florida Commission on Human Relations (FCHR) issued employee a notification letter informing the plaintiff of her right to sue the agency; the last element of the cause of action occurred on the dates of the respective discriminatory acts.
A plaintiff seeking damages for unlawful employment discrimination should consult with a qualified and experienced West Palm Beach employment discrimination lawyer, whom will work hard to prove the plaintiff's employment discrimination action. 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.
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