In an employment discrimination lawsuit based on a handicap, the plaintiff has the initial burden of proving a prima facie case. The plaintiff is considered to have proven a prima facie case of handicap discrimination if he or she can make a facial showing that he or she is a handicapped person under the Florida Civil Rights Act. In other words, the plaintiff must prove that he or she was qualified for the position, and was denied the employment solely because of the handicap. However, once the plaintiff has met his or her burden, the burden shifts to the defendant employer, who must show either that the plaintiff's handicap is such that it cannot possibly be accommodated, or that even if the handicap can be accommodated, the proposed accommodation is so unreasonable that it would result in an undue hardship on the employer's activities. On the other hand, if the plaintiff is unable to make a prima facie case of handicap discrimination, the burden of producing evidence for rebuttal does not shift to the employer, and judgment will be entered in favor of the employer.

A West Palm Beach employment discrimination lawyer will advise a plaintiff that it is unclear whether the Florida Civil Rights Act actually imposes an obligation on the employer to gather information and explore all reasonable accommodations after the plaintiff meets his or her burden of establishing a prima facie case of handicap discrimination. However, while some courts have held that employers do not have such an obligation, others hold that the obligation exists.

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.