Not all discrimination comes with a paper trail. Sometimes it shows up in a performance review that suddenly reads differently after you disclosed a diagnosis. Sometimes it looks like a promotion that went to a less qualified colleague right after you requested an accommodation. The conduct is real. The harm is real. It just doesn’t always announce itself.
Florida employees with disabilities are protected under both the Americans with Disabilities Act and the Florida Civil Rights Act. Those protections cover far more than outright firing. They extend to every term and condition of employment, including how you’re evaluated and whether you advance.
How Bias Creeps Into Performance Reviews
Performance reviews are supposed to be objective. In practice, they often reflect the assumptions and attitudes of the person writing them. When an employee has a disability or has recently requested an accommodation, those reviews sometimes shift in ways that don’t reflect actual job performance. Watch for patterns like these:
- Vague criticism that wasn’t present before a medical disclosure
- Sudden focus on attendance tied to approved medical leave
- Lower ratings in “teamwork” or “attitude” after accommodation requests
- Standards applied inconsistently compared to employees without disabilities
- Documentation of minor issues that were previously ignored or handled informally
A single bad review may not tell the full story. But a pattern, especially one that starts right after a disability becomes known, is worth examining closely.
Promotion Decisions That Don’t Add Up
Getting passed over for a promotion is painful. When it happens because of a disability, it’s also illegal. The problem is that employers rarely say that out loud. Instead, the decision gets dressed up in other language. The chosen candidate was “a better cultural fit.” You were told the timing “wasn’t right.” The role required someone who could “fully commit.”
These justifications often fall apart under scrutiny. If your qualifications matched or exceeded the person who got the promotion, and the decision followed a disability disclosure or accommodation request, there may be more going on than a routine business call. Exhibit G Law Firm represents Florida employees in exactly these situations, helping them identify whether a promotion denial was grounded in legitimate reasons or driven by unlawful bias.
The Role of Reasonable Accommodations
Employers are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. When an employer denies a reasonable accommodation and then turns around and cites the resulting performance gap as a reason to pass someone over, that sequence matters legally.
For example, an employee with a chronic condition asks to work a modified schedule. The employer denies it without explanation. The employee’s performance suffers. The employer then uses that performance dip to justify skipping them for a promotion. That chain of events could support both a failure to accommodate claim and a disability discrimination claim. A Coral Gables discrimination lawyer can review the full timeline of what happened and help you understand where the employer’s conduct may have crossed the line.
What to Do If You Suspect Disability Discrimination
Start documenting now. Don’t wait to see if things improve on their own. Gather anything that shows the before and after picture, including past performance reviews, emails related to your accommodation request, and any communications about the promotion decision.
Keep notes about conversations, even informal ones. Write down dates, who was present, and what was said. This kind of contemporaneous record carries real weight if a legal claim moves forward. It’s also worth noting that retaliation for raising concerns about disability discrimination is itself illegal. If things get worse after you speak up internally, that matters too.
Your Rights Are Worth Protecting
Disability discrimination in performance reviews and promotions is not always obvious, but it is recognizable with the right perspective. If something feels off, it’s worth getting a legal opinion before assuming it was just bad luck. Contact a Coral Gables discrimination lawyer at Exhibit G Law Firm to talk through what you’ve experienced and find out whether you have a case worth pursuing.