A Florida company that provides security services, including guards, is being sued for unlawfully terminating a man and refusing to assign him to another position. The man has one arm and was hired as a security officer during the summer of 2010. He was assigned to work as a patrol driver. His duties included patrolling an area in a security vehicle on behalf of a community association.
The man was only allowed to work one day as a driver, according to a recent disability bias lawsuit filed in federal court in the Southern District of Florida. One his first day, the guard reportedly had not worn his prosthetic arm while on the job.
He says that a representative from the community association complained to the company about sending a one-armed man as a security guard. The former guard says in his disability bias complaint that he was able to perform the duties on the job, but the company fired him after his first day.
The man reportedly filed a formal complaint concerning the workplace discrimination and says that the company not only terminated his position, but refused to assign him to another position.
Many disability and handicap bias claims in Florida may involve not only discriminatory practices, but allegations of retaliation for raising a complaint about the discrimination. Workplace anti-discrimination laws would not be very effective if workers could not assert their rights under the law.
Followers of this blog may recognize that many employment discrimination claims involve evidence of retaliatory acts of employers after a worker has raised a complaint about a hostile work environment or discriminatory acts that have an adverse impact on a worker.
The recent Florida discrimination bias lawsuit seeks back pay, compensatory and punitive damages, and other relief under the Americans with Disabilities Act.
Source: EEOC, "EEOC Sues Florida Construction Security Services for Disability Discrimination and Retaliation," Feb. 7, 2013