Miami Disability Discrimination Lawyer

Skilled Miami Disability Discrimination Attorney

Miami is home to a diverse workforce spanning Brickell, Downtown, Coral Gables, Doral, Kendall, and communities throughout Miami-Dade County. When an employee is treated unfairly because of a physical or mental disability, experienced legal guidance can matter. A Miami disability discrimination lawyer can evaluate what happened, explain available protections, and pursue accountability when an employer’s conduct crosses the line.

Why Trust the Law Offices of Gary A. Costales, P.A.?

Choosing an employment lawyer is about more than finding someone who can recite statutes. Disability discrimination claims can involve detailed workplace records, medical issues, accommodation requests, internal complaints, and administrative procedures. The Law Offices of Gary A. Costales, P.A. brings a background centered on employment and labor law to these complicated disputes.

Gary A. Costales is board certified in Labor and Employment Law by The Florida Bar. His professional background also includes service with the EEOC as an Administrative Judge and later as an EEOC Trial Attorney.

He has litigated employment matters, represented both employees and management, and has tried cases before juries throughout Florida. His experience on different sides of workplace disputes can help him evaluate how an employer may approach a claim and identify the issues that could shape a case. Clients of the firm can also benefit from:

• Focused employment law experience. Employment disputes are a central part of the firm’s practice, rather than an occasional area of representation.
• Firsthand EEOC experience. Gary A. Costales previously adjudicated and litigated employment-related matters while working with the EEOC.
• A broad litigation perspective. His experience representing both plaintiffs and management can provide insight into the arguments and strategies that may arise on either side of a dispute.
• A Miami connection. After moving to Miami Beach during high school, Gary A. Costales built his legal career and practice in South Florida.
• An emphasis on accessibility and communication. The firm describes direct communication and responsiveness as important parts of its approach to client representation.

Understanding Disability Discrimination in the Workplace

Around 13.8% of people in Florida suffer from some form of disability and, in 2025, 22.8% of individuals with a disability were employed. A disability should not become a reason for an employer to sideline, punish, stereotype, or remove a qualified worker. Federal, state, and local protections may apply depending on the circumstances, the employer, and the nature of the employment relationship.

The specific disability discrimination laws that apply to a case may depend on several factors, including employer size and the facts surrounding the alleged conduct. An experienced Miami disability discrimination attorney can review the situation and help determine which legal protections may be relevant.

Examples of Disability Discrimination

Discrimination is not always announced openly. In some cases, the evidence is found in patterns, comments, shifting explanations, or the timing of an employer’s decisions. Potential warning signs can include:

• Refusing to hire a qualified applicant because of a known disability.
• Terminating an employee shortly after learning about a medical condition.
• Denying opportunities, promotions, training, or desirable assignments based on disability-related assumptions.
• Treating an employee differently after a request for a reasonable accommodation.
• Ignoring an accommodation request without engaging in an appropriate discussion about possible solutions.
• Subjecting a worker to disability-based insults, jokes, or repeated offensive comments.
• Forcing an employee out of a position because a supervisor assumes the employee cannot perform essential job duties.
• Retaliating against an employee for reporting disability discrimination or asserting protected rights.

When Reasonable Accommodations Become an Issue

Many workplace disability disputes begin with a request for an accommodation. Depending on the situation, an employee may need a modified schedule, adjustments to work procedures, assistive technology, changes to certain nonessential duties, leave, or another modification that allows the employee to perform the essential functions of the job.

An employer is not automatically required to grant every accommodation exactly as requested. Likewise, an employer cannot simply dismiss a request because accommodating an employee is inconvenient or requires additional discussion.

An ADA attorney can examine questions such as:

• Whether the employee is qualified to perform the essential functions of the position.
• Whether the employee has requested or otherwise placed the employer on notice of a need for an accommodation.
• Whether a reasonable accommodation may have been available.
• How the employer responded to the request.
• Whether the employer engaged in a meaningful interactive process.
• Whether the stated reason for denying an accommodation is supported by the circumstances.

Documentation can be especially important. Emails, medical-related communications, accommodation requests, performance evaluations, attendance records, disciplinary notices, and internal messages may help establish a timeline and clarify what the employer knew.

FAQs

Can an Employer Ask About My Disability During a Job Interview?

Generally, employers cannot ask applicants questions related to possible disability or have them medically examined before offering employment. They may ask whether an applicant can perform the position’s essential duties, with or without accommodation. If an employer’s interview questions cross appropriate boundaries, the circumstances may warrant closer legal review to determine whether protected rights were implicated.

Is Disability-Related Harassment Always Illegal?

Not every unpleasant remark automatically establishes unlawful harassment. The conduct generally must meet the applicable legal standard, which can depend on its seriousness, frequency, and consequences. Disability-based harassment can involve offensive comments, ridicule, or other hostile behavior. A lawyer can examine the surrounding circumstances, including who participated, how often it happened, and whether management knew about it.

What If My Employer Claims I Am Too Dangerous to Perform My Job?

An employer cannot simply rely on assumptions or stereotypes about disability when making workplace decisions. Safety-related exclusions may be permissible in narrowly defined circumstances when an individual presents a significant risk of substantial harm that cannot be eliminated through reasonable accommodation. Determining whether that standard was actually satisfied requires examining the position, evidence, risks, and proposed accommodations.

Can a Disability Discrimination Case Involve a Job Applicant?

Absolutely. Disability protections can apply before employment begins. Applicants may be entitled to reasonable accommodation during recruiting and interviewing, and employers generally cannot make hiring decisions based unlawfully on disability. An applicant must still satisfy legitimate job requirements, including the ability to perform essential functions with or without reasonable accommodation.

Hire a Disability Discrimination Lawyer Today

If you believe your rights have been violated at work, hire a disability discrimination lawyer who can evaluate your circumstances and help you understand your legal options. Contact the Law Offices of Gary A. Costales, P.A. today to discuss your situation.