Discrimination In The Workplace Under Florida Law
Orlando Discrimination Attorney
Discrimination at the workplace is defined as treatment of an individual based on race, ethnicity, color, and religious affiliation, country of origin, age or disability. Employers may not use discriminatory practices when deciding issues such as increase of pay, hiring, firing or other employment activities.
Discrimination at the workplace is illegal in the United States. The most widely known federal anti-discrimination law in the U.S. is Title VII of the Civil Rights Act of 1964 and prohibits employment discrimination.
Certain employment practices may be discriminatory if they negatively impact individuals or the employment environment, and have no connection to the individual’s execution of their employment duties.
Discrimination Based on Race, Ethnicity or Country of Origin
Titles VI and VII of the Civil Rights Act of 1964 govern issues of discrimination based on race, ethnicity or country of origin. An employer may not:
- 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 individuals race, color or origin or
- Limit, segregate or classify the 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.
- Employers are further prohibited from publishing employment notices indicating a prohibition or preference for applicant's based on race and/or ethnicity.
Much of the law governing sexual discrimination as far as it relates to employment compensation is found in the Equal Pay Act of 1963. People of different sexes must be paid equally according if they are asked to perform relatively similar work functions.
However, practices that may be considered sexual discrimination are also prohibited in situations involving:
- Promotion of an employee
- Hiring of an employee
- Firing of an employee
- Job responsibilities and classification
- Employment opportunities
Religion, Age and Disability Discrimination
- Religious discrimination is addressed in Title VII of the Civil Rights Act of 1964. The Act requires that an employer accommodate the religious rituals and practices of the employee to the extent that it doesn't create undue hardship for the company. The Act seeks to prevent discrimination based on religious affiliation, acts of conduct and association.
- Age discrimination is governed by the Employment Act of 1967 that protects employees over the age of 40 from discrimination in the workplace. Age discrimination can take place in a number of different contexts including but not limited to the hiring and firing of an employee, compensation and benefits earned by the employee, and other conditions of employment.
- Discrimination based on an individual's disability is primarily governed by Titles 1 and 4 of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Examples of such discrimination may include but is not limited to denying aid, benefits, services, or opportunities to an individual unless the disability prevents the individual from materially being able to execute their job responsibilities.
Our employment law attorneys in Orlando, have helped many employees with their discrimination claims in Central Florida. We are very experienced and might be able to help! call us today at 407-500-0000!
Employer Liability for Discrimination
An employer may be liable for both money damages and injunctive relief (a court order preventing certain conduct) if discrimination is proved. A discrimination claim must be filed first with the Equal Employment Opportunity Commission, or EEOC. They will decide whether to prosecute the case or allow it to be maintained as a private action. A discrimination claim must be filed within 300 days of the alleged discrimination, or it will be barred.
Employer Action if Discrimination Claim is Filed by Employee
State and Federal law prohibits an employer from retaliating against an employee who files a discrimination claim against them. The retaliatory conduct may include but is not limited to terminating the employee, denying them wages or other benefits or otherwise taking negative actions against them that affect their employment.
Contact our Employer Discrimination Attorney in Orlando, FL
If you believe that you have been subject to sexual discrimination, age discrimination or any other type of discrimination that creates a hostile work environment, please call us today! We are available 7 days a week at 407-500-0000. You may also send us an email or fill out the online form provided on this page and our Orlando discrimination attorney will contact you shortly. We value your privacy and will keep your information confidential.