Miami Sex Discrimination Lawyer

Fighting For Sex Discrimination Victims in Florida

In 2019, the median earnings for women in Miami-Dade County were $31,875, while for men they were $37,875. Sex/gender discrimination can present a huge hurdle for workers applying for jobs or within the workplace. Federal, state, and county laws prohibit sex discrimination in Miami. Discrimination based on sex most often happens when an employer or prospective employer treats you differently from employees of the opposite sex. Both men and women can suffer from sex discrimination based on negative stereotypes about sex or gender. If you are a victim of discrimination, you should discuss your case with the Miami sex discrimination lawyers at Phillips & Associates, PLLC.

Call Phillips & Associates, PLLC today at (866) 229-9441 or contact us online to schedule a consultation with our sex discrimination attorney in Miami.

What is Sex/Gender Discrimination?

The federal law that prohibits sex discrimination is Title VII of the Civil Rights Act. The law is enforced by the Equal Employment Opportunity Commission (EEOC) and applies to employers with at least 15 employees. Discrimination occurs when an employer makes an adverse employment decision against a job applicant, or employee, based on his or her sex or perceived sex. Sometimes discrimination involves making adverse employment decisions based on stigmatizing beliefs or stereo types about sex and gender, or the ability of men or women to do certain kinds of work.

The state law that prohibits sex discrimination is the Florida Civil Rights Act (FCRA). Under this law, like Title VII, an employer may not discriminate against someone regarding the terms, conditions, or privileges of employment or compensation based on sex/gender. Therefore, you should not be treated differently when it comes to hiring, pay, discipline, promotions, transfers, work assignments, layoffs, or firing simply because of your sex/gender. Our sex discrimination attorneys can help Miami residents bring claims based on any of these situations. You are protected against sex discrimination regardless of whether you are a man or a woman.

It is important to be aware that the state law does not prohibit discrimination based on gender identity or sexual orientation. However, the EEOC has found that discrimination based on sexual orientation or gender identity counts as sex discrimination under Title VII.

State and federal laws prohibit employers from making employment decisions based on sex or gender stereotypes. If there is proof of sex or gender stereotyping, it may be easier to establish that an adverse employment decision was made based on sex. For example, if you are a woman who, at the end of a job interview at an investment bank, was told that you would be happier at home with your children, this may be evidence of sex discrimination. Our Miami sex discrimination attorneys can investigate the events and help bring claims because of an employer’s misconduct.

Similarly, under the Miami-Dade County Human Rights Ordinance, it is unlawful for an employer to discriminate against someone based on his or her sex. This ordinance is enforced by the Commission on Human Rights Board.

Recognizing Sex Discrimination in Miami Workplaces

In Miami, recognizing sex discrimination can sometimes be challenging due to its subtle forms. It is crucial to be vigilant about certain signs that may indicate discrimination. These signs can include disparities in treatment, exclusion from meetings, unequal pay for equal work, or biased comments related to gender.

Moreover, employees might face obstacles when they report discrimination or seek mediation. By understanding the nuances of these situations, individuals can better safeguard their welfare in the workplace. Employers are legally obligated to maintain a fair workplace environment free of discrimination. Consulting with legal professionals like those at Phillips & Associates, PLLC can help clarify your situation and policy guidelines to support your position.

Equal Pay 

Additionally, the Equal Pay Act specifies that an employer cannot pay an employee less than what it pays to employees of the opposite sex for equal work. To show a prima facie case under this law, you must show that your employer paid different amounts to employees of the opposite sex for equal work, meaning work that required equal responsibilities, efforts, and skill under similar job conditions. This law is more limited than Title VII in that it only refers to pay, rather than other aspects of employment. However, you do not need to show that there was discriminatory intent for the wage difference under the Equal Pay Act.

Bona Fide Occupational Qualifications & Exceptions

Employers sometimes raise the defense that sex/gender is a bona fide occupational qualification. This defense usually comes up when an employer claims that sex is an integral part of a specific job and does not employ one sex to do that job. This is a very narrow exception, but an example would be not hiring a male actor for a commercial that requires a female actor in the role.

Frequently Asked Questions About Sex Discrimination

What Constitutes Sex Discrimination in the Workplace?

Sex discrimination in the workplace occurs when an employee is treated unfavorably due to their sex. This can manifest in various forms, such as unequal pay, biased hiring practices, or promotion decisions that favor one gender over another. Federal and state laws prohibit such practices, including Title VII and the Florida Civil Rights Act. Employees experiencing such discrimination are encouraged to document incidents meticulously and seek legal counsel to understand their rights and the available courses of action.

How Do I File a Claim for Sex Discrimination?

Filing a discrimination claim involves several steps. Firstly, it is essential to gather and document evidence of discriminatory actions. This evidence might include emails, recorded conversations, or tangible proof of discriminatory conduct. In Miami, an employee can file a complaint with the EEOC or the Miami-Dade County Commission on Human Rights. Given the complexity of the legal process, consulting with Phillips & Associates, PLLC can help streamline this process, ensuring that the necessary documentation accompanies your claim to strengthen your position during mediation.

What Protections Does the Miami-Dade County Human Rights Ordinance Offer?

The Miami-Dade County Human Rights Ordinance offers additional local protections against sex discrimination. It supports the stipulations of state and federal laws by covering various discriminatory actions within workplaces, housing, and public accommodations. This ordinance reinforces the commitment to a fair employment environment and emphasizes the importance of inclusivity. Employers violating these protections can face formidable penalties, showcasing the region's commitment to upholding workplace equality.

What Should I Do If I'm Retaliated Against for Reporting Discrimination?

Retaliation for reporting discrimination is illegal under both state and federal laws. If an employee faces retaliation after filing a complaint, it is crucial to document all retaliatory actions meticulously. This might include changes in work assignments, demotions, or other unfavorable terms of employment. It is advisable to contact legal professionals, such as those at Phillips & Associates, PLLC, who can guide on handling retaliation claims, ensuring that retaliation does not deter justice in addressing the root of discriminatory practices.

Contact Our Sex Discrimination Lawyer in Miami Today

If you have been affected by sex/gender discrimination at your job, you should talk to a seasoned employment attorney. Call Phillips & Associates, PLLC at (866) 229-9441 or complete our online form for a free consultation.

Contact us today to get started with our Miami sex discrimination lawyer.