At Kaplan Employment Law, we fight for employees who have been fired, demoted, or retaliated against after requesting a reasonable accommodation under the Americans with Disabilities Act (ADA).
If you requested medical leave, a modified schedule, remote work, assistive technology, or another workplace accommodation and were terminated or faced retaliation, you may have a strong legal claim.
Employers cannot punish employees for asserting their rights under the ADA. If you were fired after requesting a disability accommodation, our Florida wrongful termination lawyers are here to protect you.
We work on a contingency fee basis—meaning you pay nothing unless we win.
What is ADA Retaliation in the Workplace?
Under the Americans with Disabilities Act (ADA), employers with 15 or more employees are required to provide equal employment opportunities and reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the business.
ADA Retaliation Occurs When an Employer Takes Adverse Action After You:
- Request a reasonable accommodation for a disability
- Take medical leave or ask for a flexible schedule due to a disability
- File a disability discrimination complaint with HR or a government agency
- Participate in an ADA-related investigation or testify in a case
- Oppose workplace policies that discriminate against employees with disabilities
If you were terminated, demoted, or faced retaliation after requesting an accommodation, Kaplan Employment Law will fight for you.
Examples of ADA Retaliation in Florida
Firing an Employee After Requesting an Accommodation
If you were fired shortly after requesting medical leave, a flexible schedule, or assistive equipment, this may be unlawful retaliation.
Demotion or Reduction in Hours
Employers may retaliate by cutting hours, reducing pay, or limiting responsibilities after an employee requests accommodations.
Hostile Work Environment After an Accommodation Request
If an employer or coworkers harass, isolate, or intimidate an employee after they request an accommodation, it may be considered retaliation.
If any of this sounds familiar, you may have a case. Kaplan Employment Law can help you take action.
Laws Protecting You from ADA Retaliation
Employees are legally protected from retaliation for requesting disability accommodations under federal and Florida law:
- Americans with Disabilities Act (ADA) – Prohibits retaliation against employees who assert their rights under the ADA.
- Florida Civil Rights Act (FCRA) – Provides additional state-level protections against disability discrimination and retaliation.
Employers who violate these laws can be held accountable for wrongful termination and retaliation.
What to Do If You Were Fired After Requesting an ADA Accommodation
If you were fired or retaliated against after requesting an accommodation, follow these steps:
1. Gather Documentation
You need to collect any paperwork, communications, or documentation that you can that outlines the request you made for your accommodation. You should keep your emails, medical notes, or any HR forms you completed to make this request. You also need any denial letters, emails, or meeting notes from your employer. Other useful documents include your performance reviews before and after your request, along with your termination notice or other disciplinary actions.
2. Consult an ADA Retaliation Lawyer
Schedule a consultation with an experienced attorney. We will evaluate your case and advise you on your legal options.
3. File an EEOC Complaint
Before suing, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
4. Take Legal Action Against Retaliation
If your employer wrongfully terminated or retaliated against you, we can sue to recover compensation.
How Can I Prove My ADA Retaliation Claim?
To prove an ADA retaliation case, you must show that:
- You requested a reasonable accommodation under the ADA
- Your employer took adverse action against you (termination, demotion, or mistreatment)
- A link between your request and the retaliation
Evidence That Strengthens Your Case
- Emails, messages, or written requests for accommodation
- Performance reviews before and after your request
- Witness statements from coworkers or HR representatives
- Employer policies on ADA accommodations
If your employer fired or retaliated against you after requesting an accommodation, Kaplan Employment Law will fight for your rights.
Filing an ADA Retaliation Claim in Florida
Filing with the EEOC
Employees must first file a retaliation complaint with the EEOC before suing under the ADA. You generally have 300 days from the date of retaliation to file.
State-Based ADA Retaliation Claims
The Florida Civil Rights Act (FCRA) provides additional protections and may allow for longer filing deadlines.
Potential Compensation for ADA Retaliation Victims
If your ADA retaliation claim is successful, you may be entitled to:
- Lost Wages: Compensation for lost earnings due to termination or demotion
- Emotional Distress Damages: Compensation for anxiety, stress, or PTSD caused by the retaliation
- Punitive Damages: If your employer acted with malice or reckless disregard for your rights
- Attorney’s Fees (If You Prevail at Trial): Your employer may be required to pay your legal costs
- No Fee Until We Win
Kaplan Employment Law works on a contingency fee basis—meaning you don’t pay anything unless we win your case.
Why Choose Kaplan Employment Law?
Attorney Brett Kaplan has successfully recovered significant settlements for employees who were fired after requesting disability accommodations.
- Proven Results: Strong settlements in workplace retaliation cases
- Aggressive Advocacy: We take on major corporations and employers
- Client-Centered Approach: You receive personalized attention every step of the way
Your rights matter. Your case matters. We are here to fight for you.
We Make the Difference in Your Story.
FAQs about ADA Retaliation in Florida
Can I be fired for requesting an ADA accommodation?
No. It is illegal for an employer to fire you because you requested a reasonable accommodation for a disability.
What are the signs of ADA retaliation?
Retaliation often starts with subtle changes after you request an accommodation. Signs include annoyance or frustration from your employer, increased scrutiny, sudden negative performance reviews, or comments questioning your disability. You may face write-ups, exclusion from meetings, job transfers, demotion, or a hostile work environment. Retaliation often escalates to termination or forced resignation. If your employer’s behavior changed after your request and led to adverse actions, Kaplan Employment Law can help you fight back. Contact us today for a consultation.
What happens if my employer claims my requested accommodation is an undue hardship?
Employers can deny an accommodation if they can prove it would impose an undue hardship—meaning it is too costly, disruptive, or significantly alters business operations. Still, the employer must provide evidence to support this claim, and courts consider factors like the company’s resources and the nature of the accommodation before determining whether the denial is justified.
Contact Kaplan Employment Law
If you were fired or retaliated against after requesting an ADA accommodation, Kaplan Employment Law is here to help. You deserve justice for any retaliation you suffered, along with any damages that resulted because of your employer’s actions.
Fill out our online contact form for a case review today—No Fee Until We Win.