Florida Employment Discrimination Lawyer

Facing discrimination in the workplace? At Obeidy & Associates, PA, our team of Florida employment discrimination lawyers fight to protect your rights and secure justice.

ON THIS PAGE:

Introduction

Why OBD

Legal Framework

FAQ

Blogs

UNDERSTANDING EMPLOYMENT DISCRIMINATION IN FLORIDA

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin (including immigration/citizenship status), age (40 or older), disability, or genetic information.

What To Do If You Face Workplace Discrimination in Florida

If you believe you have been discriminated against in the workplace, follow these steps to secure compensation available under the law:

Document Everything: Keep detailed records of discriminatory actions, including times, dates, places, and names involved.
File A Formal Complaint: File a Charge of Discrimination against your employer within 365 days of the incident. You may file your complaint with the Florida Commission on Human Relations or the Equal Employment Opportunity Commission via phone, in-person, or the EEOC online portal.
Contact An Employment Discrimination Lawyer: Contact a workplace discrimination attorney to discuss your situation and explore your legal options. Remember, prior to filing a lawsuit, you must file a formal complaint.

How Obeidy & Associates, PA Can Help

Obeidy & Associates, PA prides itself on personalized and compassionate representation. Our dedicated team, led by attorney Andrew Obeidy, Esq., takes an aggressive yet empathetic approach to every case; our goal is for clients to not only attain justice but also feel supported throughout the process. If you’ve experienced discrimination in the workplace, contact Obeidy & Associates, PA to schedule your free consultation.

Start Your Free Consultation

WHY OBEIDY & ASSOCIATES, PA

Why Choose Obeidy & Associates, PA’s Employment Discrimination Lawyers As Your Legal Advocates?

Choosing Obeidy & Associates P.A means partnering with a law firm that strives to provide client-focused service. Our goal is to pursue justice and advocate for our clients, aiming to be a trusted name in Fort Lauderdale’s legal community.

FACING EMPLOYMENT DISCRIMINATION?

At Obeidy & Associates, PA, we are dedicated to addressing employment discrimination across Florida. With a focus on employment laws, our legal team works to achieve fair settlements for clients facing discrimination based on race, sex, age, disability, religion, and other protected statuses. Discrimination in the workplace can take many forms, including biases in hiring, unfair treatment, and harassment. Each of these areas requires a nuanced approach to legal defense and advocacy. At Obeidy & Associates, PA, we are prepared to address these issues, working to uphold the respect and fair treatment that every client is entitled to under the law. Herein, “unfavorable treatment” refers to discrimination in hiring or the job application and selection process; pay, job assignments, or promotions; training, employee benefits, or any other term or condition of employment; and firing from a job, reduction of hours, layoff, or termination of employment.

Types of Employment Discrimination:

Race and Color Discrimination

Race and color discrimination occurs when someone is treated unfairly due to their race or skin color. Federal and state laws protect all individuals, regardless of whether the victim and perpetrator are the same race. These laws also protect those discriminated against for being married to or associated with someone of a different race.

Discrimination Due to National Origin

Discrimination based on national origin involves unfair treatment of individuals because they come from a specific country, or due to ethnicity or accent. Employers cannot use policies that negatively impact employees of certain national origins if these policies are not essential for work. English-only rules are allowed only if necessary for the operation of the business.

Immigration Citizenship Status

It is illegal for an employer to discriminate based on citizenship or immigration status in hiring, firing, or recruitment, except for unauthorized aliens. Employers cannot state that only U.S. citizens or permanent residents are eligible unless required by law or government contract. They must accept valid documentation showing work eligibility without demanding more.

Sex-Based Discrimination

Sex-based discrimination occurs when someone is treated unfavorably due to their sex. It’s determined by workers' responsibilities rather than their job title. Employers must provide equal pay for equal work to men and women performing similar work under the same conditions. Pay includes salary, overtime, vacation, bonuses, and other compensation forms.

Pregnancy Discrimination

Pregnancy-based discrimination includes unfavorable treatment due to current or past pregnancy, potential pregnancy, medical conditions related to pregnancy or childbirth (including breastfeeding and lactation), birth control, and abortion-choices. Moreover, employers are required to accommodate known limitations related to pregnancy unless it causes undue hardship.

Age Discrimination

Individuals aged 40 and older are protected from age discrimination in all employment aspects, including hiring, promotions, and termination. For example, if an older employee is denied a promotion because the employer prefers a younger-looking team to attract younger clients, this may constitute age discrimination.

Disability Discrimination

Disability discrimination occurs when employers treat qualified individuals with disabilities unfavorably due to their disability. Employers must provide reasonable accommodations unless it causes undue hardship. Undue hardship means that the accommodation would impose significant difficulty or financial strain relative to the company's size. Accommodations can include adjustments to the work environment or tasks.

Religious Discrimination

Religious discrimination happens when employees are treated unfairly due to their beliefs. Title VII protects those affiliated with specific religions. Employers cannot segregate based on religion and must provide reasonable accommodations for beliefs, as long as it doesn’t create significant hardship. This may include flexible scheduling or shift swaps.

Medical or Family Leave Discrimination

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons without facing discrimination. Employees can use FMLA for personal health issues, to care for sick family members, or for newborn care. To qualify, they must work for a covered employer with 50 employees nearby, have worked for at least 12 months, and logged 1,250 hours in the past year.

Genetic Discrimination

Workers are protected from discrimination based on genetic information in employment aspects like hiring, firing, pay, and promotions. Federal law makes it illegal for employers, employment agencies, and labor organizations to use genetic information in decisions. They are also prohibited from requesting or purchasing genetic information, with strict limits on its disclosure.

Sexual Orientation & Gender Identity

Discrimination based on sexual orientation and gender identity is prohibited in all employment practices, including hiring, promotions, and termination. Employers cannot subject employees to unfavorable treatment or assign them roles based on customer preferences regarding sexual orientation or gender identity, ensuring equal treatment and opportunities for all.

Protecting Your Rights

Schedule A Free Consultation

The Florida Civil Rights Act of 1992

The Florida Civil Rights Act of 1992 provides robust protections against discrimination in the workplace, echoing many of the protections found in federal laws but also emphasizing the state’s dedication to combating employment discrimination. At Obeidy & Associates, PA, our workplace discrimination lawyers will leverage both federal and state laws to fight for justice and compensation for clients facing discriminatory practices.

Wish To Consult An Employment Discrimination Lawyer?

Protections Against Workplace Discrimination

Under the Florida Civil Rights Act, it is unlawful for employers, employment agencies, labor organizations, and joint labor-management committees to engage in discriminatory practices based on race, color, religion, sex, pregnancy, national origin, age, disability, or marital status. These protections cover all aspects of the employment process including hiring, firing, compensation, and other terms of employment, ensuring all individuals have equal opportunities free from bias.

Federal Vs State Laws

While Florida’s laws generally align with federal guidelines, they uniquely articulate the prohibition of specific discriminatory beliefs and practices within training programs. The state law specifically outlaws training or required activities that promote discriminatory beliefs such as inherent racism or sexism. Additionally, Florida law includes exceptions where a bona fide occupational qualification is necessary, particularly regarding religion, sex, and national origin. For anyone facing discrimination, understanding these nuanced laws is crucial. Seeking prompt legal guidance from an employment attorney is recommended to protect your rights and obtain appropriate redress.

Employment Discrimination Lawyers: Protecting Your Rights

Federal laws establish a comprehensive foundation for protecting against employment discrimination, upon which Florida law often builds, typically mirroring or referring directly to these federal standards. At Obeidy & Associates, PA, we are adept at navigating the complexities of both state and federal regulations. In turn, we strive toward achieving the most effective outcomes for our clients facing discrimination.

When To Consider Legal Action

Employees experiencing workplace discrimination are protect under both federal and state laws. Aside from discrimination based on race and sex, several protections have been added over time to ensure civil rights within a work setting. If you’ve experienced or witnessed repeated instances in which an employer or colleague has violated the below listed federal protections, it is imperative that you file a formal complaint with the EEOC in order to pursue further compensation for damages with the help of a workplace discrimination lawyer.

Federal Protections:

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex (including sexual orientation and gender identity), and national origin. It applies to all employment areas, including hiring, firing, promotions, salary, and benefits, and addresses workplace harassment and religious accommodation, unless it presents undue hardship.

Equal Pay Act of 1963 (EPA)

The Equal Pay Act of 1963 requires that men and women in the same workplace be given equal pay for equal work. The jobs do not need to be identical, but they must be substantially equal. All forms of compensation are covered, including salary, overtime pay, bonuses, stock options, profit sharing, bonus plans, and benefits.

Pregnancy Discrimination Act of 1978 & Pregnant Workers Fairness Act

The Pregnancy Discrimination Act of 1978, along with the Pregnant Workers Fairness Act, protect women from being discriminated against due to pregnancy, childbirth, or related medical conditions. They require that pregnant workers be treated in the same manner as other employees who are similar in their ability or inability to work.

Americans with Disabilities Act of 1990 (ADA) & Rehabilitation Act of 1973

The Americans with Disabilities Act of 1990, along with the Rehabilitation Act of 1973, prohibit discrimination against individuals with disabilities and require employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship.

Genetic Information Nondiscrimination Act of 2008 (GINA)

GINA prevents employers from using genetic information in hiring, firing, job placement, or promotion decisions, and restricts employers from requesting, requiring, or purchasing genetic information, with very limited exceptions.

Age Discrimination in Employment Act of 1967 (ADEA)

The Age Discrimination in Employment Act of 1967 protects employees and job applicants who are 40 years of age or older from discrimination based on age in hiring, promotions, discharge, compensation, or terms, conditions, or privileges of employment.

Immigration Reform and Control Act of 1986 (IRCA)

Immigration Reform and Control Act of 1986 prohibits discrimination based on citizenship or immigration status and requires that employers treat all people equally when hiring, firing, or recruiting, provided they are authorized to work in the U.S.

Family and Medical Leave Act (FMLA)

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

FAQ

Quick Answers To Questions You May Have

Can’t find what you’re looking for?

What Is the Time Limit for Filing a Discrimination Claim Against My Employer in Florida?

When facing discrimination in the workplace in Florida, you must first file a charge of discrimination with the Florida Commission on Human Relations or the Equal Employment Opportunity Commission (EEOC) within 365 days of the incident. This charge is a necessary step before you can initiate a lawsuit against your employer. After your complaint is deemed valid by one of these agencies, you may proceed with civil action. Contacting an employment discrimination lawyer in Florida at this stage can significantly aid in navigating the legal process and ensuring your rights are fully protected.

What Is the Time Limit for Suing My Employer Due To Sex-Based Wage Discrimination?

For sex-based wage discrimination, you have up to two years to file a lawsuit, or three years in cases of willful violation. Filing a complaint with the EEOC is not mandatory but doing so allows you to pursue claims under both the Equal Pay Act and Title VII of the Civil Rights Act, which can enhance the legal remedies available to you. It is important to contact a Florida employment lawyer promptly after experiencing discrimination to help protect your rights and see to it that all legal steps are properly followed.

Can I Sue for Discrimination Based on Citizenship or Immigration Status?

You can sue for discrimination based on citizenship or immigration status under the Immigration Reform and Control Act of 1986 if you have not filed a complaint with the EEOC. If you have filed with the EEOC, you can only proceed under the Immigration Reform Act if your case is dismissed as outside the scope of Title VII of the Civil Rights Act. Obeidy & Associates, PA can guide you through the complexities of these specific discrimination claims.

What Are the Requirements for An Authorized Worked To File A Complaint Against An Employer For Immigration-Based Discrimination?

Authorized workers can challenge immigration-based discrimination by filing a complaint under specific provisions that protect against discrimination on the basis of national origin or citizenship status. The law outlines clear exceptions and stipulates that complaints must be filed with the Special Counsel for Immigration-Related Unfair Employment Practices within 180 days of the discriminatory act. This process ensures that complaints are handled by specialists trained in navigating the complexities of immigration-related employment practices, providing a targeted approach to resolving such disputes.

What Remedies Am I Legally Entitled to For Suing an Employer for Workplace Discrimination?

When suing for workplace discrimination in Florida, you are entitled to a range of remedies designed to address the harm caused by discrimination. These can include injunctions to cease discriminatory practices, reinstatement to your job, compensation for lost wages, and damages for emotional pain and suffering. Punitive damages may also be awarded in cases of particularly egregious discrimination, capped at $100,000 under Florida law. Each case may vary, so it’s crucial to work with a knowledgeable attorney who can help maximize the remedies you receive based on the specifics of your situation.

What’s The Legal Process for Suing My Employer for Discrimination?

Filing a discrimination claim typically involves several key steps. Initially, you must file a formal complaint with the appropriate agency, such as the Florida Commission on Human Relations or the EEOC, within 365 days of the discriminatory act. Following the investigation, if the agency finds reasonable cause, you may then choose to pursue a civil lawsuit, within 1 year, or request an administrative hearing, within 36 days. If you wish to pursue civil action, schedule a free consultation with a Florida employment discrimination lawyer immediately after the EEOC determines your case to a valid complaint. An attorney can assist with attaining the maximum compensation available to you under Florida law.

What Consequences Does an Employer Face for Discrimination in The Workplace?

Employers found to have engaged in discriminatory practices may face severe legal consequences, including compensatory and punitive damages awarded to the affected employee, mandated changes to their employment policies, and potential public scrutiny. Courts can also order employers to provide training to their staff to prevent future incidents of discrimination. These measures serve not only to compensate the victim but also to deter similar behavior in the workplace, promoting a more inclusive and equitable work environment. If you believe you have been subjected to discriminatory practices, it’s advisable to consult with an experienced employment law attorney promptly to assess your options and take appropriate action within the prescribed timeframe.

Why Do I Need to Hire an Employment Discrimination Lawyer in Florida?

Hiring an employment discrimination lawyer is crucial for effectively addressing discrimination claims. An experienced lawyer will understand the intricacies of both federal and state discrimination laws and can provide guidance on the strategic actions to take. They can help gather necessary evidence, represent you in court or in negotiations, and work to secure the best possible outcome. Additionally, a lawyer can help navigate the complex procedural aspects of filing claims and lawsuits, ensuring that all deadlines are met and that your case is presented as strongly as possible.

What Are the Chances of Winning an EEOC Case?

The chances of winning an EEOC case depend significantly on the specifics of the case, including the quality of evidence presented and the nature of the alleged discrimination. While not all complaints result in favorable outcomes for the complainant, strong legal representation can significantly enhance the likelihood of success. Understanding the EEOC’s processes and common pitfalls can also improve your chances, as can early and effective engagement with legal counsel.

What Is the Average Settlement For EEOC?

Average settlements in EEOC cases can vary widely based on factors such as the nature of the claim, the severity of the alleged discrimination, and the damages sustained by the claimant. Settlements might range from small amounts for less severe cases to very large sums in cases involving significant damages and clear evidence of discrimination. Each case is unique, making it important to consult with a lawyer to assess the potential value of your claim.

What Are the Top 3 EEOC Complaints?

According to EEOC data from 2020, the three most common EEOC complaints filed are retaliation, which occurs most frequently, followed by disability and race discrimination. This data underscores the persistent issues of workplace discrimination and the need for effective legal recourse. Understanding these trends is crucial for both preventing discrimination and preparing to address it legally should it occur.

Should I Tell My Employer I Filed an EEOC Complaint?

You are not required to inform your employer when you file an EEOC complaint as the EEOC will notify your employer within 10 days of filing. While you have legal protection from retaliation, such as firing, demotion, or harassment, for filing a complaint, considering the potential impacts on your job and work environment is important. If retaliation occurs, it opens additional grounds for suing under workplace retaliation laws, allowing for further legal remedies.

Legal Tips, Insights, And Expertise - Created For You

Helpful information for employees, employers, and businesses about their legal rights and remedies.

Employment Law

Employment Law: Key Federal Statutes

Key Federal Statutes in Employment Law. Find Out How Florida Employment Lawyers Can Help You Navigate Workplace Harassment, Discrimination, and Retaliation.

Business Law

#METOO: WHAT’S HAPPENING IN THE WORKPLACE

The amount of women coming forward to share their stories of sexual harassment, sex discrimination, and retaliation for complaining about sexual

Employment Law

ALL EMPLOYMENT DISCRIMINATION CLAIMS ARE NOT CREATED EQUAL

Courts impose roadblocks for employment discrimination plaintiffs that simply do not exist for other classes of civil plaintiffs. Prospective plaintiffs are forced to navigate

Combatting Workplace Discrimination with an Age Discrimination Lawyer

Learn How to Identify & Combat Workplace Discrimination with a Florida Age Discrimination Lawyer. Schedule Your Free Consult Today.