Workplace fairness is not just a goal—it’s a legal right. When an employer treats an employee unfairly based on race, gender, age, disability, religion, or other protected characteristics, it may be considered employment discrimination. In Florida, employees have both state and federal protections against discrimination, and there are clear steps to take if you believe your rights have been violated.
An experienced employment discrimination lawyer can help guide you through the process of filing a complaint and taking legal action when needed.
What Is Employment Discrimination
Employment discrimination occurs when an employee or job applicant is treated unfavorably due to a protected characteristic. This can happen during hiring, firing, promotions, pay decisions, training opportunities, or any other aspect of employment. Discrimination may be based on race, color, national origin, sex, religion, age, disability, or genetic information.
Discrimination isn’t always obvious. It can take the form of subtle patterns of exclusion, unfair treatment, or company policies that negatively impact certain groups.
Where to File an Employment Discrimination Complaint
If you believe you’ve been a victim of employment discrimination in Florida, the first step is to file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These agencies work together, and you don’t have to file separately with both.
The EEOC handles enforcement of federal laws, including the Equal Employment Opportunity Act. This law ensures all individuals have an equal chance in the workplace, regardless of background or personal characteristics. You typically have 300 days from the date of the discriminatory act to file your complaint.
Understanding Employment Retaliation
Retaliation happens when an employer punishes an employee for asserting their rights under anti-discrimination laws. This can include actions such as demotion, termination, schedule changes, salary cuts, or creating a hostile work environment after the employee:
- Filed a discrimination complaint
- Participated in an investigation or lawsuit
- Reported harassment or unsafe working conditions
- Requested reasonable accommodations
Retaliation is unlawful, even if the original complaint turns out not to be discrimination, as long as it was made in good faith. An employment discrimination lawyer can help identify and address retaliation.
Florida Laws on Discrimination
In Florida, the Florida Civil Rights Act (FCRA) mirrors many of the protections provided under federal law. It covers employers with 15 or more employees and prohibits discrimination and retaliation in all aspects of employment. The FCHR is the state agency responsible for investigating complaints under the FCRA.
While federal and state laws provide similar protections, a lawyer can help determine which route is better for your case and ensure all deadlines are met.
How an Employment Discrimination Lawyer Can Help
Navigating a discrimination or retaliation claim can be complex. An employment discrimination lawyer can:
- Help you gather evidence and documentation
- File your complaint with the proper agency
- Represent you during investigations or negotiations
- Take legal action in court if necessary
Working with a lawyer ensures your rights are protected and gives you the best chance for a fair outcome.
FAQs About Employment Discrimination and Retaliation
What qualifies as employment discrimination
Unfair treatment based on race, sex, age, religion, disability, or other protected characteristics may qualify as discrimination. It must affect hiring, firing, promotion, pay, or other terms of employment.
How do I file a complaint for employment discrimination in Florida
You can file with either the EEOC or FCHR. Both agencies have online portals and accept in-person or mailed complaints. A lawyer can help you submit the proper documentation.
What is employment retaliation
Retaliation occurs when an employer punishes an employee for reporting discrimination, participating in a complaint, or exercising workplace rights. It can include firing, demotion, or creating a hostile work environment.
Is there a deadline to file a discrimination claim
Yes. In Florida, you typically have 300 days from the date of the last discriminatory or retaliatory act to file a claim with the EEOC or FCHR. Delays can weaken your case.
Do I need a lawyer to file a claim
While it’s possible to file a claim without a lawyer, having legal representation increases your chances of success. A lawyer understands the law, manages deadlines, and advocates for your best interest.
If you believe you’ve experienced employment discrimination or retaliation, don’t wait to act. Our firm, based in Plantation, Florida, is here to help. Contact us today to speak with an employment discrimination lawyer who can help you protect your rights.