Phillips & Associates

Employment Discrimination

Miami Attorneys Protecting the Rights of Employees

Whether you are applying for a job, pursuing a promotion, or going through layoffs at work, you trust that you will be judged on your performance, as well as the merits of your work and qualifications. Unfortunately, this is not always true. Employers in Miami-Dade County sometimes base their decisions on an employee’s immutable traits, such as race, religion, age, pregnancy, or gender. This can have significant economic and emotional consequences for an employee. You should consult the Miami employment discrimination lawyers at Phillips & Associates if you believe that you may have a claim of discrimination.

Employment Discrimination

Federal laws prohibit discrimination based on color, race, religion, national origin, gender/sex, disability, age over 40, as well as sexual harassment. . Many federal anti-discrimination laws apply to Florida employers with at least 15 employees, which leaves employees of small companies unprotected. The age discrimination law applies only to employers that have a minimum of 20 employees.

The Florida Civil Rights Act of 1992

In Florida, companies with 15 or more employees are also subject to the state's anti-discrimination law. Florida state law (the FCRA) provides that it is illegal for an employer to refuse to hire or to alter their terms, conditions, or privileges of employment, due to that person’s race, color, religion, national origin, sex, disability (handicap), marital status, age, sickle cell trait, or handicap status, including AIDS. There is no prohibition based on gender identity or sexual orientation under state law. Title VII case law is used to interpret the Florida Civil Rights Act because the state law is modeled after the federal law. Our employment discrimination attorneys can help Miami residents assert their rights under either law.

Handicap Discrimination

Regarding handicap discrimination, the Florida Civil Rights Act (FCRA) is supposed to be construed in accordance with the federal Americans with Disabilities Act (ADA). Florida law does not define what a handicap is, so the ADA’s definition is used. A disability is a mental or physical impairment that significantly restricts one or more major life activities of an individual, a record of that impairment, or a perception of having that impairment. Major life activities can include taking care of yourself, learning, working, performing manual tasks, seeing, walking, hearing, breathing, and speaking.

Under the ADA, a qualified individual is someone with a disability who can do the essential job functions with or without a reasonable accommodation. When someone with a disability can do the essential job functions with a reasonable accommodation, the employer must provide the accommodation unless to do so would result in an undue hardship for the employer. Our Miami employment discrimination attorneys can help employees pursue reasonable accommodations. Reasonable accommodations might include a modified work schedule, job restructuring, reassignment, and an additional unpaid leave.

Section 11A-26 in Miami-Dade County

Under an ordinance entitled Section 11A-26, it is illegal for an employer to engage in certain employment practices based on an employee’s color, race, ancestry, national origin, religion, pregnancy, sex, age, disability, marital status, familial status, gender expression, gender identity, sexual orientation, or perceived or actual status as a victim of domestic violence, dating violence, or stalking. Practices that are prohibited include failing to hire, discrimination, and printing or causing to be printed or circulated an ad or publication that suggests that any of these groups is preferred or restricted. It is also illegal to refuse to provide a reasonable accommodation to a disabled individual, unless providing the accommodation would present an undue hardship.

Retain an Experienced Miami Attorney

If you were harmed by employment discrimination at a workplace in Miami-Dade County, you should consult a seasoned employment discrimination lawyer at our Miami office. To schedule a free consultation, contact Phillips & Associates by calling (305) 549-5120 or completing our online form. We represent clients on a contingency fee basis, which means that we do not ask for fees unless we successfully secure a settlement or verdict for a client.

Client Reviews
★★★★★
Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
★★★★★
Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen