Florida Workplace Discrimination Lawyer

Recognizing Signs of Workplace Discrimination

Sometimes, discrimination is obvious. Other times, it builds up over time. Learning how to spot the signs helps protect your rights and strengthens your case.

Direct vs. Indirect Discrimination

Direct discrimination happens when an employer clearly treats someone differently because of a protected trait. For example, saying “We don’t hire women for this job” is direct and illegal. Indirect discrimination might involve a neutral policy that harms one group more than another, such as requiring employees to work Saturdays with no exceptions, which could affect religious practices.

Pattern of Discriminatory Behavior

One unfair comment or action might not be enough for a case. But a pattern of behavior, like repeated exclusion, biased evaluations, or refusal to promote, can show that discrimination is at play.

Documenting Incidents

Keep a written record of what happened, when it happened, who was involved, and what was said or done. Save emails or other documents that show unfair treatment. This record can be helpful when building your case.

Witness Testimony

Coworkers who saw or heard the discrimination may support your story. Their testimony can be powerful evidence in showing what really happened.

How Do I File a Workplace Discrimination Claim in Florida?

If you’ve experienced discrimination, you have the right to file a complaint. This process usually starts with a government agency. Acting quickly helps you meet all the deadlines and preserve your legal rights. What are the dangers of waiting too long? Delays can weaken your case, limit available evidence, and reduce your chances of a successful outcome.

EEOC Filing Requirements

The Equal Employment Opportunity Commission (EEOC) handles most federal discrimination complaints. You must file a complaint, or “charge of discrimination,” with the EEOC before suing under federal law. The EEOC investigates your claim and may offer mediation or issue a notice giving you the right to sue.

Florida Commission on Human Relations (FCHR) Process

In Florida, you can also file a complaint with the Florida Commission on Human Relations (FCHR). The FCHR investigates violations of the Florida Civil Rights Act. You can file with either the EEOC or FCHR, and both agencies often share information if your case falls under both laws.

Time Limits and Deadlines

The default federal deadline for an EEOC complaint is 180 days, but this extends to 300 days in Florida because the Florida Commission on Human Relations (FCHR) also investigates these claim.

Missing these deadlines may prevent you from taking legal action.

Required Documentation

Gather any relevant documents, such as performance reviews, emails, disciplinary notices, or medical records if they relate to your claim. The more organized you are, the easier it is to prove what happened.

Legal Remedies and Compensation

The law allows victims of discrimination to recover certain types of damages. Your case may involve different types of losses depending on what happened and how it affected your job or income.

Back Pay and Front Pay

Back pay covers the wages and benefits you lost because of the discrimination. Front pay may apply if returning to your job isn’t an option and helps cover future income you would’ve earned.

Compensatory Damages

These damages address personal harm like emotional distress, inconvenience, or harm to your reputation.

Punitive Damages

If the employer acted with clear intent or reckless disregard, a court might award punitive damages to punish that behavior and discourage others from doing the same.

Reinstatement and Promotion

Sometimes, a court may order the employer to rehire you or give you the job or promotion you were unfairly denied.

Attorney’s Fees

If your case is successful, the employer may be required to pay your legal fees.

What Should I Do If I’m Facing Retaliation?

Retaliation can happen when an employer punishes you for reporting discrimination or participating in an investigation. This kind of behavior is illegal and may give rise to its own claim. If you’re asking, can I still sue?—the answer may be yes, even if the original issue was resolved or occurred some time ago. A lawyer can evaluate whether your retaliation claim stands on its own.

Understanding Retaliation Laws

Federal and Florida laws ban retaliation for engaging in protected activities, like filing a complaint, testifying in another case, or reporting misconduct internally. 

Protected Activities

You have the right to speak up about discrimination, request reasonable accommodations, or help others with their claims without being punished.

Proving Retaliation Claims

To prove retaliation, you’ll need to show three things: you engaged in a protected activity, the employer took action against you, and the two events are connected. Timing and evidence can make a big difference.

Additional Legal Protections

Florida law adds another layer of protection, giving workers more avenues to fight back if they’re punished for doing the right thing.

How Our Attorneys Can Help You

At Brenton Legal, we work with employees who want justice after being mistreated at work. You don’t have to go through this alone. Our team helps build a strong case while protecting your rights every step of the way.

Case Evaluation and Strategy Development

We begin with a free case review to learn about your situation and decide how best to move forward. Every case is different, and we tailor our strategy to your goals.

Investigation and Evidence Gathering

Our legal team helps collect records, interview witnesses, and build the evidence needed to support your claim.

Negotiation with Employers and Insurance Companies

Employers and their insurance companies often try to downplay discrimination claims. We know how to hold them accountable and push for a fair resolution.

EEOC and FCHR Representation

We handle all aspects of your complaint, from filing the charge to working with investigators. You don’t have to deal with the agencies on your own.

Litigation and Trial Advocacy

If your case goes to court, we’re prepared to fight for you. We aim to present a strong, clear argument to the judge or jury.

Settlement Negotiations

Many discrimination cases settle before trial. We work to secure the maximum compensation available based on your losses and the facts of your case.

Why Choose Our Florida Workplace Discrimination Attorneys

Choosing the right law firm can make a big difference. Brenton Legal understands Florida employment law and puts our clients first.

Experience in Florida Employment Law

We’ve handled many employment cases throughout Florida and know how state and federal laws work together.

Track Record of Successful Cases

We’ve helped clients recover lost income, hold employers accountable, and get justice after discrimination.

Personalized Attention and Communication

You’ll talk directly with your lawyer and get updates about your case. We believe in transparency and honest answers, and we’ll guide you on how to protect yourself from further mistreatment or retaliation while your claim is ongoing.

Contingency Fee Arrangements

You don’t pay upfront. We only get paid if we recover compensation for you through settlement or verdict.

Local Knowledge of Florida Courts

We understand how local judges, courts, and agencies work, which helps us better serve you.

Frequently Asked Questions About FL Workplace Discrimination

How long do I have to file a discrimination claim?

You usually have 180 to 300 days from the date of the discrimination, depending on whether you file with the EEOC or FCHR. Some deadlines may be shorter, so don’t wait.

Can I be fired for filing a discrimination complaint?

No. That would count as retaliation, which is illegal. If your employer takes action against you after filing a complaint, you may have another legal claim.

What if my employer has fewer than 15 employees?

Some laws still apply, even with fewer employees. For example, the Equal Pay Act and certain state laws may apply. We can review your case to determine your options.

Do I need to hire a lawyer for an EEOC complaint?

You don’t have to, but having a lawyer often makes a big difference. We can help you avoid mistakes, meet deadlines, and build a stronger case from the start.

How much does it cost to hire a discrimination attorney?

We work on a contingency fee, which means you don’t pay us unless we recover money for you. We also offer free case evaluations so you can learn more without any risk.

What is the main difference between filing with the EEOC and the FCHR?

The biggest differences are the deadlines and the laws they enforce. The FCHR enforces the Florida Civil Rights Act and has a 365-day filing deadline. The EEOC enforces federal laws and has a 300-day deadline in Florida. We can help you decide the best agency for your claim, and often dual-file a claim with both agencies at the same time.

What if the discrimination was subtle and I don’t have a recording or email proving it?

You do not need a “smoking gun” to have a valid case. Discrimination is often proven through circumstantial evidence, which creates an inference of illegal treatment.

This includes patterns of behavior, witness testimony from coworkers, shifting explanations from your employer, and evidence that you were treated differently from colleagues who are not in your protected class.

My boss fires people who have different political beliefs. Is that illegal discrimination?

In Florida, political affiliation is not a protected class under the FCRA or federal anti-discrimination laws.

While you have free speech rights, those rights generally do not protect you from termination by a private employer for expressing political views. The law primarily protects against discrimination based on characteristics like race, sex, religion, age, and disability.

What happens after my lawyer files a charge with the EEOC or FCHR?

After we file the charge, the agency notifies your employer. The employer then submits a written response. The agency may request more information or schedule a mediation to see if a settlement is possible.

If mediation fails, an investigator will review the evidence from both sides to determine if there is reasonable cause to believe discrimination occurred. This investigation can take many months or even more than a year to complete.

Let Our Workplace Discrimination Lawyers in FL Help

You don’t have to deal with workplace discrimination on your own. Brenton Legal offers a free case evaluation to help you understand your rights and take the next step. The sooner you act, the better your chances of holding your employer accountable.

Call (954) 639-4644 today to speak with a Florida workplace discrimination lawyer and get the help you need.