Discrimination can take many forms and can be found virtually anywhere. It becomes particularly harmful and devastating when it occurs in the workplace.
This article explains the basics of employment law in Florida and what to do if you believe you may be the victim of workplace discrimination. It covers:
- What counts as workplace discrimination in the eyes of Florida and federal law.
- Your rights when facing discrimination in the workplace.
- How to proceed if you are the victim of workplace discrimination, including what evidence to gather.
What Constitutes Workplace Discrimination In Florida?
There are several key categories protected under both Florida and federal law. Anytime an employer discriminates against or retaliates against an employee for exercising their rights under the following protected statutes, it is considered illegal:
- Age
- Race
- Sex
- Religion
- Ethnicity
- National origin
It is also illegal to fire or discriminate against an employee who has blown the whistle on illegal activities, such as chemical dumping or other instances of illegal discrimination.
What Do I Need To Do If I Believe I Am The Victim Of Workplace Discrimination?
First, while it may seem unfair, there are several steps you must take to benefit from the protections the law offers.
1: Report The Discrimination In Writing
To seek compensation, you must have already communicated your concerns about discrimination. You need to inform your employer or HR department, in writing, that you believe you are being discriminated against or retaliated against based on any of the protected reasons under the law.
2: Identify A Comparator
To strengthen your claim, you’ll need a valid comparator. For example, if you believe you’re being discriminated against due to your race, you must show that you’re being treated differently and unequally compared to others. If you can, identify a colleague of a different race or ethnicity who is being treated more favorably. If it later turns out that this person wasn’t treated more favorably, your complaint could be weakened, and it may be difficult to counter the employer’s pretext.
3: Undermine Employer Pretext
To justify discrimination, employers often rely on pretext—a false reason given to conceal the true motive behind their actions.
A skilled employment attorney will work to dismantle these pretexts and expose the genuine reasons behind your termination. For example, an employer might claim they fired you for being late to work, but your attorney could uncover evidence showing the real reason was your complaints about discrimination.
What Are My Rights As An Employee If I Face Discrimination At Work?
Under federal, state, and local laws, you have the right to object and file a complaint if you face discrimination. However, you should do so correctly.
Report your concerns to leadership and HR in writing, and if the problem persists, escalate the issue to the appropriate agency. Always follow the grievance process outlined in your employee handbook.
Your grievance and complaint must be based on a specific law, statute, rule, or regulation that was breached. Additionally, you must adhere to all relevant deadlines. For example, in OSHA violation cases, you only have 30 days to report a complaint. Missing these deadlines can jeopardize your case, regardless of its merits.
Attorney Eric Jones is a driven Florida employment law attorney who ardently defends Floridians against discrimination in the workplace. With decades of experience to build on, he now shares crucial advice every employee in Florida ought to know about how to get justice when faced with workplace discrimination or wrongful termination.
Have you been mistreated at work due to your age, sex, religion, orientation or any other protected category? Contact The Jones Law Firm today to schedule an initial consultation.
How Can I Document Evidence Of Workplace Discrimination?
If you are going through something that might be considered discrimination, you must try to to document it by keeping relevant emails, following the grievance process, keeping a fresh diary of everything and so forth.
If you have a problem in the workplace and you do not complain, you cannot prove it in court. Many employees, unfortunately, feel afraid and try to defend themselves when asked why they said nothing by arguing that they would have been fired or discriminated against more if they had.
Unfortunately, that only helps those who are experiencing discrimination. Harsh as it may be, it is easier to obtain compensation if you spoke up and were punished than if you tried to fly under the radar only to crash anyway. That is why we have these laws: so that you can exercise protected speech activities and have the right to speak out.
How Should I Report Workplace Discrimination To My Employer?
Given the importance of a written notice, it is worth thinking about how to present it. If nothing else, review your company handbook and follow any specific instructions, documenting each step.
Generally speaking, you should put everything in writing, starting with your immediate supervisor. If nothing is done, escalate the issue to higher levels, keeping records of each step.
At this point, you may consider hiring an attorney to draft your letters. If you’re fired after hiring a lawyer, it could be seen as retaliation for exercising your constitutional right to legal counsel.
What Is The Process Of Mediation In Discrimination Cases?
Mediation is always encouraged in Florida employment discrimination cases; in some circumstances, it might even be required.
Mediation gets both parties in a room, sharing evidence and trying to resolve the conflict to avoid the court having to hear the case with all the delays, costs and expenses involved. Whether you want it or not, in every circuit court in Florida, in every circuit, mediation is mandatory after a lawsuit is filed.
At this point, if you can present credible evidence to defense attorneys, mediation may resolve the matter, allowing the business to move forward and you to continue your life.
Mediation is typically faster and more effective than litigation. Without it, cases filed with the U.S. Equal Employment Opportunity Commission (EEOC), which handles most discrimination cases, can take up to three years to resolve. Even then, the EEOC may only issue a right-to-sue letter.
That’s why it’s important to have an attorney with strong negotiation skills, who is respected in the field, and who can approach insurance companies and opposing counsel with convincing arguments to settle.
What Is An Example Of Florida Workplace Discrimination Law In Action?
One recent case our firm handled received a fair amount of media attention. The case, Daniel Vernon v. Life Care Centers of America, involved a gay man who filed a lawsuit against a major national nursing company. Daniel Vernon was a well-respected nurse, employee, and CNA, known for his excellent work and positive contributions, but the company he worked for targeted him because of his sexual orientation.
Initially, the company claimed they had the right to fire him, using various pretexts to justify their decision. However, we referenced a landmark Supreme Court case that established it is illegal to discriminate against someone based on their sexual orientation. Whether employers like it or not—or even know it or not—this is now federal law.
Some states and towns may still believe they can ignore this and get away with unfair treatment, but they cannot if employees and attorneys are willing to stand up to them. This win was a milestone; without that Supreme Court ruling, Daniel would not have had the rights he was able to assert.
To achieve this outcome, we had to file a federal lawsuit, which was settled just before trial. By leveraging this new law and using the Supreme Court case as a model, we were proud to help our client protect his rights and secure a victory in court.
Still Have Questions? Ready To Get Started?
For more information on How To Handle Workplace Discrimination, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 904-4437 today.
Attorney Eric Jones is a driven Florida employment law attorney who ardently defends Floridians against discrimination in the workplace. With decades of experience to build on, he now shares crucial advice every employee in Florida ought to know about how to get justice when faced with workplace discrimination or wrongful termination.
Have you been mistreated at work due to your age, sex, religion, orientation or any other protected category? Contact The Jones Law Firm today to schedule an initial consultation.
