Legal Question in Disability Law in Florida
making fun of employee's disability
i am deaf, and my supervisor made fun of my hearing disability and two other supervisors laughed at me. when i called human resources, they said they were sorry it happened to me IF it happened to me and referred the problem to the superintendent who promised to take care of the problem but nothing has been done. i am still employed. am i entitled to any type of punitive or compensatory damages if i sue? do i have a case?
1 Answer from Attorneys
Re: making fun of employee's disability
Although very unfortunate, juvenile and inappropriate, the behavior you described is probably not illegal in and of itself. To creat a hostile environment based on disability, you would need to show that the behavior was so hostile that it made the workplace unbearable or otherwise interfered with your work.
Regardless, you should make it clear to HR that this behavior should never occur again. If it does, or if you experience any retaliation, then you may have a suit.
In order to bring such a suit, you must file a disability discrimination claim (and retaliation if applicable) with the EEOC or the state human rights office or the county human rights office in the county where you work. You can file a lawsuit after that if necessary.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.