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Navigating the EEOC Complaint Process for Disabilities

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Losing your job, being denied a simple schedule change, or suddenly being treated differently after you disclose a medical condition can turn your world upside down. You might be trying to recover your health, pay your bills, and figure out whether what happened is actually illegal discrimination. In the middle of that, the idea of filing an EEOC disability complaint can feel confusing and intimidating.

If you live or work in Fort Lauderdale, you are also dealing with specific deadlines and procedures that apply to Florida employees. Missing a timeline or leaving key facts out of your charge can quietly limit your rights later, even if your story feels obviously unfair. Understanding what the EEOC looks for, and how disability complaints really move through the system, helps you protect your job and your future options.

At The Amlong Firm, we have spent nearly 40 years representing employees in Fort Lauderdale in discrimination and wrongful termination cases that often start with an EEOC charge. Our team brings 132 years of combined employment law experience to these situations, so we know how much the first steps can affect the whole case. In this guide, we share the process we walk our own clients through, so you can see what to expect and where careful strategy matters.

What Counts as Disability Discrimination at Work in Fort Lauderdale

Before you decide to file an EEOC complaint, you need to know whether what happened likely falls under disability discrimination laws. Under the Americans with Disabilities Act, a disability is generally a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, concentrating, or working. You may also be protected if your employer believes you have such an impairment, even if they are wrong, or if you have a record of a serious condition.

In our Fort Lauderdale cases, we often see disability discrimination arise in a few patterns. A worker might request a reasonable accommodation, such as a modified schedule, an occasional work-from-home day, extra breaks, or special equipment, and the employer simply says no without discussion. Others are pushed out on forced leave or told they cannot return after medical leave, even though they can do the job with modest changes. We also see employees demoted, written up, harassed, or terminated soon after they disclose a diagnosis like cancer, diabetes, major depression, or a back injury.

Disability discrimination can involve both outright unfair treatment and failure to accommodate. For example, an employer might refuse any discussion about changing lifting duties for a worker with a documented back condition. Or managers might suddenly start criticizing minor issues and building a paper trail, then fire the employee for “performance” shortly after an accommodation request. Over decades representing employees in Broward County, we have seen how these patterns play out in local workplaces, and we use that experience to evaluate whether the conduct is likely unlawful under federal law.

Deadlines for Filing an EEOC Disability Complaint in Fort Lauderdale

Timing is one of the most important and most misunderstood parts of an EEOC disability complaint. For many workers in Fort Lauderdale, you generally have up to 300 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission. That deadline usually runs from the day of the specific event, such as a termination, demotion, or denial of an accommodation request, not from the day you realize it might have been discrimination.

Things can get more complicated when the discrimination unfolds over time. For instance, if your employer repeatedly refuses to discuss your accommodation requests or regularly schedules you in ways that conflict with your medical restrictions, each of those decisions can matter. The EEOC may treat each discrete act, such as a written denial of an accommodation or a suspension, as having its own deadline. On the other hand, harassment related to your disability can sometimes be viewed as a continuing pattern, so later incidents may keep the claim alive. Sorting out what counts as a single act versus an ongoing problem can be crucial.

Many employees lose their claims because they wait too long while they pursue internal HR complaints or hope the situation might improve. Internal investigations, grievance processes, or meetings with supervisors do not pause the EEOC deadline. At The Amlong Firm, we regularly review timelines for people in Fort Lauderdale to determine whether they are still within the filing window and how to structure their claims if some events are already outside that 300-day period. Knowing where you stand on time allows you to make informed decisions about your next steps.

How to Start an EEOC Disability Complaint in Fort Lauderdale

Once you decide to move forward, the first question is often how to actually start an EEOC complaint. Many Fort Lauderdale workers begin by using the EEOC’s online intake system, which lets you answer screening questions and submit basic information about what happened. Others call the EEOC to schedule an intake interview or, in some situations, arrange an in-person appointment with the office that serves South Florida. No matter how you start, the goal of this stage is to give the agency enough information to decide whether it can handle your complaint.

During intake, an EEOC staff member typically asks questions about your employer, your job, your medical condition, the accommodations you requested, and the specific actions taken against you. They will want dates, names of decision-makers, and copies of important documents like emails, write-ups, or termination letters. What you say during this stage influences how the EEOC drafts the formal charge document you will eventually be asked to sign. Even though it may feel like an informal conversation, it is the foundation of your legal claim.

After intake, the EEOC usually prepares a written charge of discrimination for your review. This is the document the agency sends to your employer, and it sets out the legal bases for your complaint, such as disability, retaliation, or other protected categories. It also includes a short narrative of what happened. Many people do not realize that this charge, not the online questionnaire, is what legally counts. At The Amlong Firm, we often help clients in Fort Lauderdale prepare for that first contact and review draft charges line by line, so the story is accurate, the dates are correct, and the legal boxes checked match the full scope of what happened.

Information to Include in Your EEOC Disability Charge

The contents of your EEOC disability charge matter much more than most people think. At a basic level, the charge must identify you and your employer, provide contact information, and state that you believe you have been discriminated against. Beyond that, the narrative should cover your job title, a brief description of your duties, the nature of your disability, key dates, the accommodations you requested, and the specific actions the employer took against you, such as discipline, schedule changes, or termination.

When describing your medical condition, you usually do not need to share every detail of your medical history. Instead, focus on how the condition substantially limits one or more major life activities and how that affects your ability to perform your job without accommodation. For example, instead of listing every diagnosis code, you might explain that you have a chronic back condition that limits your ability to lift more than a certain weight or stand for long periods. This helps the EEOC understand why your accommodation request was reasonable without exposing irrelevant private information.

The legal checkboxes on the charge form are also critical. If you only check “disability” and do not check “retaliation,” the employer’s later actions against you for complaining may not be officially part of the case. Similarly, the narrative should clearly mention both failure to accommodate and other adverse actions if both occurred. For instance, there is a big difference between saying “I was treated unfairly” and saying “On May 1, I requested a modified schedule due to my documented condition. On May 10, my manager denied the request without discussion. On June 1, I was issued a written warning for absences that were covered by my medical restrictions.”

Court cases often limit future lawsuits to claims that are “like or related to” what appears in the EEOC charge. That means if a failure to accommodate is never mentioned, it may be more difficult to bring that claim later. At The Amlong Firm, we prepare every case as if it may go to trial, which starts with how the EEOC charge is framed. We focus on including enough detail to preserve all viable legal theories while keeping the document clear and focused, so your story comes through in a way that supports your rights down the line.

What Happens After You File an EEOC Disability Complaint

Filing your charge is not the end of the process; it is the beginning of the EEOC’s role. After your employer receives the charge, it typically submits a written response called a position statement. In that document, the employer explains its side of the story, often arguing that it followed its policies, that your condition is not a disability as the law defines it, or that its actions were based on performance rather than discrimination. The EEOC may or may not share this position statement with you, depending on its current procedures and policies.

In many disability cases, the EEOC will offer mediation early in the process. Mediation is a voluntary, confidential meeting where a neutral mediator tries to help you and your employer reach an agreement. If both sides agree to participate, this can be a chance to resolve the matter more quickly, but it also requires careful preparation so you understand your goals and your leverage. If mediation does not happen or does not resolve the case, the EEOC moves to investigation.

During an investigation, the agency may request additional documents from the employer, such as attendance records, accommodation policies, emails, and personnel files. It may also ask you for more information or conduct interviews with you and witnesses. In practice, investigations often take longer than employees expect, sometimes many months, depending on the EEOC’s workload and the complexity of the case. The agency is looking for evidence that discrimination likely occurred, but its resources are limited, and many solid cases do not receive formal “cause” findings.

At the end of the process, the EEOC may issue one of several outcomes. If it believes there is reasonable cause to think discrimination occurred, it may try to resolve the case through conciliation with the employer. Many times, however, the EEOC issues a “no cause” finding but still gives you a right-to-sue letter. That letter is crucial. It gives you the right to file a lawsuit in federal court, and you generally have only 90 days from the date you receive it to do so. At The Amlong Firm, we use the information gathered during the EEOC phase, including the employer’s position statement and any document productions, to evaluate and build potential court cases for our Fort Lauderdale clients, even when the EEOC itself does not make a cause finding.

Common Mistakes People Make With EEOC Disability Complaints

Because the EEOC process can feel unfamiliar, many people stumble into avoidable mistakes. One common issue is waiting too long to act. Employees often spend months going back and forth with HR, filing internal complaints, or hoping a new manager or transfer will resolve the situation. By the time they consider the EEOC, some of the earliest and most serious actions may already be outside the filing window. That can weaken the overall picture of what really happened.

Another frequent problem is submitting a charge with a vague or incomplete description of the disability and requested accommodations. A charge that only says “I have a medical condition” and “I was treated unfairly” gives the EEOC and the employer very little to work with. Employers can exploit that lack of detail later, arguing that they never knew about specific limitations or requests. Likewise, leaving out retaliation, even though you were punished after complaining, can make it harder to fully address the employer’s conduct in any later lawsuit.

Inconsistent statements also hurt cases. For example, telling HR one version of why you missed work, telling the EEOC another version, and having medical documentation that says something different gives the employer ammunition to attack your credibility. We have seen employers focus heavily on these inconsistencies in their defenses. With 132 years of combined employment law experience, our team at The Amlong Firm has seen these pitfalls over and over, and we work with clients from the beginning to keep their explanations accurate, consistent, and well documented.

Finally, many people assume that because their situation feels obviously wrong, the EEOC will automatically make a cause finding or force the employer to pay a settlement. In reality, the EEOC is handling a high volume of cases and often cannot dig into every detail. A no-cause finding does not always mean you have a weak case, and a cause finding does not guarantee a particular outcome. Understanding these limits helps you set realistic expectations and plan for what comes after the EEOC decision.

Why Legal Guidance Matters Before & During the EEOC Process

Because the EEOC charge is both a complaint and the foundation for any future lawsuit, having legal guidance early can make a real difference. A lawyer can help you sort out which events probably count as discriminatory, which dates are most important, and how to explain your disability and accommodation requests in a clear and legally meaningful way. This is especially valuable if you have several overlapping issues at work, such as performance reviews, schedule changes, and leave disputes.

During the EEOC process itself, a lawyer can help you decide whether mediation makes sense, prepare you for mediation sessions, and advise you on any settlement offers. Counsel can also review the employer’s position statement and help you respond to inaccuracies or misleading claims, either directly with the EEOC or by preserving counter-evidence for later use. It is important to remember that the EEOC does not represent you; it represents the public interest. Your lawyer’s job is to focus on your specific rights and long-term goals.

At The Amlong Firm, we prepare each discrimination case as if it will go to trial, even while it is in the EEOC phase. That means we pay attention to which witnesses might be important later, what documents need to be preserved, and how to use the investigation to test the employer’s defenses. Our firm is known in the employment law community for handling complex matters and achieving significant results, including landmark outcomes in discrimination cases. Our founding attorney, Karen Coolman Amlong, has a long history of advocacy in Broward County, and our team continues that social justice focus by standing with workers whose health and livelihoods are at risk.

Next Steps If You Are Considering an EEOC Disability Complaint in Fort Lauderdale

If you are thinking about filing an EEOC disability complaint, a few concrete steps can put you in a stronger position. Start by writing out a simple timeline of what happened: when you disclosed your condition, what you told your employer, what accommodations you requested, and the key dates of any denials, write-ups, or termination. Save emails, text messages, performance reviews, and policy documents that relate to your situation, and keep them somewhere private and secure.

Keep the deadlines in mind. In many Fort Lauderdale cases, you generally have up to 300 days from the discriminatory action to file an EEOC charge, and, if you receive a right-to-sue letter, about 90 days to file a lawsuit in court. Those are civil rights deadlines, not suggestions. If you are unsure where you stand, getting legal advice before you reach out to the EEOC, or soon after, can help you avoid missteps that might limit your options later.

For nearly 40 years, The Amlong Firm has represented employees across Fort Lauderdale and Broward County in discrimination and wrongful termination matters. We understand how personal and stressful disability issues are, and we approach each case with the preparation and seriousness it deserves. 

If you are considering an EEOC disability complaint or are already in the middle of one and feel overwhelmed, you do not have to navigate it alone. Call (954) 953-5490 and speak to a member of our team today.