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Nobody has to tolerate discrimination at work.
As an employee in Florida, you’re entitled by law to be free from discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, disability, and marital status.
Unfortunately, this does not prevent it from happening.
Discrimination is one of the most serious breaches of employment laws and it can take many forms.
As a Florida workplace discrimination lawyer, we can help you:
- Understand your rights according to state and federal laws
- Assess whether you have a legitimate complaint
- Pursue legal action against your employer if you have been discriminated against
WHAT DO FEDERAL AND STATE LAWS SAY ABOUT WORKPLACE DISCRIMINATION?
Federal and state laws provide protection for employees in all professions who have been:
- Wrongfully terminated from their employment
- Forced to quit
- Discriminated against by their employer but who remain in their positions
- Discriminated against by coworkers
This is a very broad area that involves many different employment situations.
Federal laws have evolved over time, with the Equal Pay Act of 1963 and the Civil Rights Act of 1964 still underpinning employment law.
The Equal Pay Act, for example, prohibits discrimination on the basis of sex in the payment of wages or benefits.
The states have their own laws that further protect from discrimination in some categories not covered by federal law, such as:
- Sexual orientation
- Gender identity
- Marital status
- Medical condition
- Political affiliation
- Personal appearance, weight, and height (in some states)
In our state, the Florida Civil Rights Act protects you, in addition to federal law.
You are protected not only from discrimination and harassment in the workplace but from retaliation against making a complaint about it.
This protection applies to complaints made within your organization.
It also applies to external discrimination complaints made with bodies such as the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
You are also protected from retaliation for filing a lawsuit.
WHAT TYPES OF DISCRIMINATION ARE YOU PROTECTED AGAINST IN FLORIDA?
Workplace discrimination can occur in connection with many aspects of employment.
These include:
- Hiring
- Compensation (wages or salaries)
- Job assignments
- Transfers
- Disciplinary measures
- Promotions
- Terminations
- Employee evaluations
- Use of company facilities
- Training programs
- Fringe benefits
- Retirement plans
- Disability leave
Discrimination can also occur in a variety of different categories:
Race/color discrimination
An employer cannot legally discriminate against you based on your race or skin color. If you suspect you have been wrongfully terminated or discriminated against because of your race or how you look, contact a Florida workplace discrimination lawyer today.
Age discrimination
Florida and federal laws prohibit most employers from discriminating against job applicants and employees due to age. If you are over 40 and believe you have been denied employment or terminated due to your age, speak with an employment discrimination lawyer as soon as possible.
Gender discrimination
Being discriminated against based on gender means that you have not received an employment benefit or suffered an adverse employment action due to your sex or gender. This is illegal under federal and Florida law.
Nation of origin discrimination
An employer cannot discriminate against you due to your birthplace, ethnicity, ancestry, culture, language, or even accent. Your coworkers cannot harass you or create a hostile work environment based on any of the above either.
Disability discrimination
The Americans with Disabilities Act (ADA) protects disabled employees’ rights at work. Disabled employees have a right to equal treatment and harassment-free workplaces. Speak with a Florida workplace discrimination lawyer if you think your rights have been violated.
Pregnancy discrimination
The Pregnancy Discrimination Act of 1978 prohibits sex discrimination based on pregnancy. If you are pregnant and experiencing a hostile work environment or workplace harassment, contact us today.
In Florida, you are protected against discrimination in all the categories listed above, as well as religious discrimination.
HAVE YOU LOST OUT IN YOUR JOB BECAUSE OF SUSPECTED DISCRIMINATION?
Being denied a position because of age, color, or race is a clear-cut and obvious case of workplace discrimination. However, it should be remembered that employers can discriminate against you based on a variety of factors in a variety of circumstances.
It may be just a feeling that you are being treated differently from coworkers in your organization or that the workplace culture is not right. Your complaint could be because of one type of discrimination or several at the same time.
For example, an employee who is given a lower rate of pay than a coworker because of suspected discrimination against his or her gender, country of origin, religious beliefs, and race.
Whatever the type of discrimination, it could negatively impact your:
- Career
- Income or finances
- Wellbeing
- Mental health
You have a right to stand up against this and report it – even if you are fearful that you might lose your job. Remember, the law protects you from retaliation by an employer so they cannot fire you for making a claim or complaint.
If you suspect that you have been discriminated against, first seek legal advice. There are several courses of action you may be able to take.
IF YOU HAVE BEEN A VICTIM OF WORKPLACE DISCRIMINATION IN FLORIDA, WHAT CAN YOU DO?
If you have been discriminated against in the workplace, you may be able to take legal action that requires your employer to:
- Take action to restore you to the same position you would have been in if the discrimination had not taken place
- Pay damages to compensate you for back pay, benefits, emotional distress, suffering, and so on
- Prevent future acts of discrimination
If you are just starting to experience workplace discrimination, start keeping a record of the instances when it occurs and try to make a note of potential witnesses amongst your coworkers.
As an experienced Florida workplace discrimination attorney, we can help assess your case and, if legal action is the right option, take the necessary steps to build your case.
CONTACT A FLORIDA WORKPLACE DISCRIMINATION LAWYER
From here, we need to:
- Assess your claim: book a free phone consultation below
- Decide whether to pursue a complaint: after our consultation
- File a complaint or lawsuit: with a local or federal agency, or state or federal court
- Prepare the paperwork: so that we can draft the complaint or lawsuit
Contact our law firm Brenton Legal P.A. today.
Our experienced legal team also handles clients with other types of employment cases, including:
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