Discrimination in the Workplace
Do you believe that you are a victim of discrimination in the workplace?
Under Florida state or federal law, you may be entitled to compensation for unfavorable or unfair treatment in the workplace based on race, color, religion, sex, national origin, disability, or age. Federal and Florida State law forbid “discrimination when it comes to any aspect of employment, including hiring, terminating, pay, promotions, job assignments, layoffs, fringe benefits, and training.” There are many different types of discrimination such as, sexual, age , disability, religious, and employer retaliation.
Title VI and VII of the Civil Rights Act of 1964 address two major types of discrimination concerning race, color and national origin. An employer may be in violation of the Civil Rights Act of 1964 law(s) if they:
- Fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, or origin; or
- Limit, segregate, discriminate, or classify his employees – or applicants for employment – in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, or origin.
Under Title VII victims may be entitled to: wage recovery and other job related losses; financial damages, injunctive relief, job reinstatement and promotion, front and back pay of wages.
Before a lawsuit may be formally filed by the employee, a formal complaint must be submitted with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC makes the determination of whether there can be a non-hostile solution between the employee and their employer. If the case cannot be resolved within the EEOC Administrative Agency level, the EEOC may either proceed the case to a civil lawsuit on the employee’s behalf or give that power to the employee to proceed to a civil lawsuit with a “right to sue” letter. In any event, charges must be filed within 300 days of the alleged discriminatory act.
If you believe that you have been discriminated against in the workplace you may be entitled to compensation under Florida state law or Federal law. Remember, discrimination comes in many forms, sexual, age, disability, and religious discrimination may all be actionable. To discuss your situation involving unwanted employer behavior please contact the Smith and Eulo law firm for a free consultation of your case.