A plaintiff who has no actual physical disability or impairment, but is regarded by an employer or potential employer as having a limiting impairment that limits his or her abilities to work, may recover damages for discrimination. Under the Florida Civil Rights Act (FCRA), protection is provided to those individuals who are perceived to have handicaps, even if they do not have actual handicaps. For instance, obesity may be considered a disability protected under the FCRA. Morbid obesity is considered an impairment that substantially limits a person's ability to work. Therefore, morbid obesity can constitute a disability protected by the FCRA if the employer so regards the obesity as one.

A plaintiff seeking damages for employment discrimination should consult with a qualified and experienced West Palm Beach employment discrimination lawyer, whom will advise a plaintiff that pursuant to the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act, a plaintiff may be considered disabled in two ways:

• A covered entity mistakenly believes that a person has a physical impairment that substantially limits one or more major life activities; or
  
  A covered entity mistakenly believes that an actual non-limiting impairment substantially limits one or more major life activities.

  Under the FCRA, an individual with handicaps is a person with a physical or mentally impairment that substantially limits one or more of the person's major life activities, such as taking care of one's self or his or her family, learning, and working.

  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.