If you have been mistreated on the job or in the course of applying for a job, and there seems to be no reasonable justification for this, then it is possible that you have been discriminated against. Employment-based discrimination can be a devastating thing to experience, and it has no place in this country. In fact, depending on the circumstances, discrimination could be unlawful on both a state and federal level. You might be able to sue the employer and obtain damages which could include compensation and the right to be placed in the job (or keep the job) that you have worked so hard to attain. Here’s more on employment discrimination, including what you could do if an employer has discriminated against you in Florida.
What Qualifies as Employment Discrimination?
Legally, your employer cannot discriminate against you if you are a member of certain protected categories. Both federal and state laws prohibit discrimination against specific classes of individuals. The federally protected categories include the following:
- Sex
- Race
- Religion
- National Origin
- Gender Identity
- Age (over 40)
- Citizenship Status
- Disability
- Color
- Sexual Orientation
- Genetic Information
- If your employer refuses to promote you or fails to offer you a raise based on a discriminatory reason, this qualifies as discrimination. However, the law recognizes that not every form of discrimination is so clear-cut. For instance, if an employee experiences frequent jokes because of their membership in a protected category, unwanted sexual advances, or other conduct that makes them feel uncomfortable at work, then their employer might be liable for creating a hostile work environment. One or more of these issues can lead to a harassment case against the employer.
Does It Matter That I Am an At-Will Employee?
Florida is an at-will state when it comes to employment. Essentially, employers have the right to fire employees without providing notice or cause. If your employer terminates your position, they need not tell you the reason for ending your relationship with the company. However, this does not mean that your employer can fire you for prohibited, illegal reasons. Additionally, an employer may not have the right to fire you without cause if you have specific terms in your employment contract.
If you experience discrimination in your workplace, the fact that you are an at-will employee will not prevent you from taking action against your employer.
Can My Employer Retaliate Against Me?
The law prohibits retaliation against employees who report harassment and discrimination. Both federal and state laws exist to prevent employers from taking discriminatory actions against their employees.
What If I Work for a Small Business?
Certain small businesses do not have to comply with anti-discrimination laws. The federal law prohibiting discrimination based on age applies only to employers that have 20 or more workers. The citizenship status discrimination laws apply only in cases where the employer has four or more employees. Federal anti-discrimination laws prevent unequal pay for men and women regardless of the size of an employer.
Florida's discrimination laws are effective for any company that employs 15 or more individuals. If you work for a particularly small business, the anti-discrimination laws may not apply, depending on the basis of that discrimination. It is important to discuss these matters with an experienced employment discrimination attorney who can evaluate your case and help you understand your legal options.
Individuals in Florida receive all of these federal protections plus more, as the state law adds additional categories for an individual's Aids or HIV status, sickle cell trait, or marital status.
If an employer takes adverse action against you because of your membership in these categories, that employer likely discriminated against you. Also, if your coworkers create a hostile environment by making you uncomfortable based on your membership in one of those categories, this will likely qualify as harassment or discrimination.
Other forms of discrimination might include refusing to hire you, refusing to promote you, refusing to offer you a raise, or otherwise denying you career opportunities because of your status in any one of the above-noted, protected categories. If you believe your employer discriminated against you in violation of Florida or federal law, you should discuss your case with an attorney without delay.
What Is A "Right To Sue" Letter, And Why Do I Need One?
Before you file a lawsuit for employment discrimination, you will need to file a claim with the Equal Employment Opportunity Commission (EEOC), who will investigate your claim and decide whether or not to pursue an action based upon your complaint. EEOC can file a case on your behalf against your employer.
In many cases, EEOC will choose not to pursue action but will instead issue a Right to Sue letter, which will allow you the opportunity to file a lawsuit against your employer. Just because EEOC decides not to pursue the claim does not mean that you do not have a valid lawsuit against your employer. It is essential to discuss your case with an attorney and obtain the appropriate documents from EEOC to hold your employer accountable for their actions.
In Florida, the state agency that handles discrimination claims is the Commission on Human Relations (FCHR). They could be the appropriate place to file your claim if you plan to sue based on state law.
What Is a Hostile Work Environment?
If your employer refuses to promote you or fails to offer you a raise based on a discriminatory reason, this qualifies as discrimination. However, the law recognizes that not every form of discrimination is so clear-cut. For instance, if an employee experiences frequent jokes because of their membership in a protected category, unwanted sexual advances, or other conduct that makes them feel uncomfortable at work, then their employer might be liable for creating a hostile work environment. One or more of these issues can lead to a harassment case against the employer.
Does It Matter That I Am an At-Will Employee?
Florida is an at-will state when it comes to employment. Essentially, employers have the right to fire employees without providing notice or cause. If your employer terminates your position, they need not tell you the reason for ending your relationship with the company. However, this does not mean that your employer can fire you for prohibited, illegal reasons. Additionally, an employer may not have the right to fire you without cause if you have specific terms in your employment contract.
If you experience discrimination in your workplace, the fact that you are an at-will employee will not prevent you from taking action against your employer.
Can My Employer Retaliate Against Me?
The law prohibits retaliation against employees who report harassment and discrimination. Both federal and state laws exist to prevent employers from taking discriminatory actions against their employees.
What If I Work for a Small Business?
Certain small businesses do not have to comply with anti-discrimination laws. The federal law prohibiting discrimination based on age applies only to employers that have 20 or more workers. The citizenship status discrimination laws apply only in cases where the employer has four or more employees. Federal anti-discrimination laws prevent unequal pay for men and women regardless of the size of an employer.
Florida's discrimination laws are effective for any company that employs 15 or more individuals. If you work for a particularly small business, the anti-discrimination laws may not apply, depending on the basis of that discrimination. It is important to discuss these matters with an experienced employment discrimination attorney who can evaluate your case and help you understand your legal options.
The Watson Firm consists of experienced employment discrimination attorneys. We will carefully investigate the facts of your case and will fight hard to get you the compensation and justice that you deserve from your employer.
Feel free to call (850) 607-2929 or contact us online to consult with our experienced employment law attorney regarding your case.