Trust Our Florida Employment Law Attorneys
Under federal and state law, employees are protected from experiencing
discrimination at work. Discrimination includes treating, considering,
or making a distinction in favor of or against a person or thing based
on a number of factors. The U.S. Equal Employment Opportunity Commission
(EEOC) protects people from experiencing discrimination based on:
- Genetic information
- National origin
It also protects people from having to experience a lack of equal pay/compensation,
harassment, sexual harassment, and retaliation for any reason at all.
Employees are also protected by the Florida Civil Human Rights Act, which
is overseen by the Florida Commission on Human Relations (FCHR).
What Discrimination Looks Like
Discriminatory behavior against a particular group could include traditions,
policies, ideas, practices, and laws. For example, if a business has a
policy of never hiring people over 40, they could be accused of practicing
ageism. In firms, more than 40% are more likely to interview a young adult
job applicant than an older applicant. Likewise, businesses may decide
to push out an older worker in favor of one with potentially fewer health
risks or faster working speed.
If you’ve experienced unfair treatment, harassment, denial of a reasonable
workplace change, inappropriate questions about or disclosure of your
genetic or medical information, or retaliation based on your inclusion
into one of the above categories, you can file a discrimination claim
against your employer.
How to File a Claim
In order to file a discrimination claim, you can submit paperwork to either
the FCHR or the EEOC. The two agencies have a work-sharing agreement,
meaning the information you send to one can be sent to the other simultaneously
as long as you inform the agencies that this is what you want.
For age discrimination, the Florida anti-discrimination statute covers
smaller employers not covered by federal law. If your employer has between
15 and 20 employees, you should file a claim with the FCHR, because federal
law only covers workplaces with 20 or more employees in age-discrimination
cases and 15 or more employees in other cases.
Statute of Limitations
You only have a certain amount of time to file a claim for discrimination.
Under state law, you must file within 1 year of the date you think you
were discriminated against. Under federal law, you must file with the
EEOC within 300 days of the date you believe you were discriminated against.
As soon as you have experienced discrimination, don’t hesitate.
Consult with an
experienced Florida employment law attorney to find out what you need to file and by when.
Contact Us at (855) 532-8365.
If you need help filing a discrimination claim against your employer, give
us a call. LeavenLaw is a highly rated law firm that has been helping
Florida residents since the 1970s and has established a legacy of excellence
over the decades. No employee should have to feel belittled or discriminated
against by their employer. Our skilled attorneys are determined to provide
compassionate, personalized, accurate, and affordable representation to
get you the compensation you deserve. Let our firm combine our effective
and efficient work to properly evaluate your case and offer you advice
on the best course of action to take in your case.
Call us at
(855) 532-8365. or
fill out our online form to schedule a free case consultation today. We look forward to working with you.