Miami Discrimination Lawyer
Protecting the Rights of Employees in Florida
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, PLLC if you believe that you may have a claim of discrimination.
If you were treated unfairly at work based on discrimination, talk to a skilled employment lawyer in Miami. Contact Phillips & Associates, PLLC online or call (866) 229-9441 to secure a free consultation now.
Employment Discrimination Laws
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.
Apart from federal laws, it’s important to know that Miami-Dade County has established local ordinances offering broader protections. This includes protecting employees against discrimination based on sexual orientation and gender identity. Such local statutes play a critical role in ensuring a more inclusive work environment, filling in gaps that federal laws might not fully address. Furthermore, it is crucial for employees to be aware of both state and local protections to fully understand their rights and the actions they can take if facing discrimination.
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.
It is also vital for employees to understand the procedural steps involved in filing a complaint under the FCRA. Typically, an aggrieved employee must file a charge with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). The timely filing of these charges is crucial as it affects the employee’s ability to pursue legal action. Phillips & Associates, PLLC can provide detailed guidance on navigating these processes, ensuring that all procedural requirements are met efficiently.
Understanding Retaliation and Your Protection
It’s common for employees to feel apprehensive about reporting discrimination due to fear of retaliation. However, both federal and state laws provide robust protection against retaliation for employees who assert their rights. Retaliation can manifest in various forms, such as demotion, unfair disciplinary actions, reduced hours, or even termination. If you're experiencing these issues as a result of reporting discrimination, you are legally protected and can take action.
Our team at Phillips & Associates, PLLC is dedicated to ensuring that your rights remain protected. We work diligently to provide legal support to clients dealing with retaliation, helping them understand their options. If necessary, we guide them on the steps to take within the workplace and how to safely document incidents of retaliation to strengthen their position. Advocating for your rights should not come at the cost of your livelihood, and we are here to offer comprehensive support throughout this challenging process.
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.
Those facing handicap discrimination may find it challenging to advocate for their rights without proper legal representation. It's essential to know that the FCRA and ADA allow for reasonable accommodations at the workplace. Employees should be aware that reasonable accommodations can significantly impact their ability to perform job duties effectively. Our attorneys can help assess whether an employer's refusal to provide accommodations constitutes undue hardship or is a breach of statutory obligations.
Under the ADA, a qualified individual is someone with a disability who can do 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 doing 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.
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$2,000,000 Sexual Harassment
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$3,375,000 Sexual Harassment
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$975,000 Sexual Harassment & Retaliation
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$5,000,000+ Gender and National Origin Discrimination
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$2,200,000 Race Discrimination & Retaliation
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$1,400,000 Religious & Sexual Orientation Discrimination
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$1,800,000 Race Discrimination
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$3,000,000 Gender Discrimination & Sexual Harassment
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$5,000,000+ Sexual Harassment and Quid Pro Quo
Why Clients Trust Us
Championing Your Rights With Unmatched Success & Compassion
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One of the Largest Plaintiff Law Firms Representing Employees
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We Win - Over $300 Million in Client Settlements & Verdicts
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The go-to Law Firm for High Profile Discrimination and Harassment Cases
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A Legal Team Driven to Leveling the Playing Field Against Your Employer
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Recognized As The Best of the Best in Employment Law
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Financial Backing - No Fees Paid Unless We Win
