When employees face unfair treatment, understanding how to prove discrimination at work in Florida is essential to protecting their rights. Under both federal and Florida law, an employer cannot discriminate against a worker based on their race, gender, age, disability, religion, or another protected characteristic.
Simply being aware of such discrimination may not be sufficient to win your case. Instead, you will need to provide compelling evidence to back up your claim, such as any saved emails or other documentation, along with the names of witnesses who can support your account.
A knowledgeable and experienced Orlando Discrimination Lawyer can prepare your case, hold your employer responsible for their actions, and seek appropriate remedies under the law.
Hire a Workplace Discrimination Lawyer
At the Law Offices of Gary A. Costales, P.A., we bring board-certified knowledge and authority in employment law to every discrimination claim. Mr. Costales is a former EEOC trial lawyer with decades of experience in representing employees across Florida.
His background gives him unique insight into how agencies and courts evaluate evidence of workplace discrimination. Our commitment to credibility, thorough preparation, and strong advocacy can provide our clients with skilled guidance in building successful cases.
Recognizing What Counts as Workplace Discrimination
To successfully prove your case, the first step is to understand what actually constitutes discrimination in the first place. Discrimination is generally defined as adverse treatment due to protected traits, such as race, sex, age, disability, religion, or national origin, under both federal and Florida workplace discrimination laws. This can take many forms, including discrimination in the context of hiring, promotions, pay, scheduling, job assignments, and firing.
In some workplace discrimination cases, a seemingly neutral policy can also be discriminatory and, therefore, illegal if it unduly burdens a particular group. Illegal discrimination can further include a hostile work environment due to harassment or retaliatory action in response to complaints. Identifying the type of discrimination is an important step in determining what legal protections are available and what remedies can be sought.
Gathering Evidence to Support Your Claim
A key step in proving workplace discrimination is gathering evidence. Employees should keep copies of any documents, emails, text messages, performance reviews, and company policies that demonstrate differential treatment. Keeping a journal of dates, times, and specific incidents can also establish a timeline.
Witness statements can further support a discrimination claim. Any form of conduct, even if subtle, can constitute discrimination when there is evidence. For example, consistently being excluded from meetings or always being overlooked for promotions and training opportunities may indicate discrimination if evidence can be provided.
The more well-documented and organized the information, the stronger the case for discrimination will be. Proper evidence allows for investigators, attorneys, or the court to view tangible proof of unfair treatment.
Filing a Complaint With the EEOC or Florida Commission on Human Relations
In Florida, employees generally must file a charge of discrimination with the EEOC within 180 days or the Florida Commission on Human Relations (FCHR) within 365 days. In Fiscal Year 2022, the EEOC saw 5,192 charges of discrimination from Florida.
After a charge is filed, the agencies may investigate, attempt mediation, or issue a right-to-sue notice. Filing within the appropriate deadlines is critical, as charges or claims not filed in time can be rejected. When properly represented, employees can have confidence that all paperwork is filed on time and the available evidence is presented in the strongest light.
How an Employment Lawyer Can Strengthen Your Case
Consulting an experienced Orlando discrimination lawyer can significantly enhance your chances of proving discrimination. Employment lawyers:
- Are familiar with the types of evidence that hold the most weight.
- Understand agency procedures and rules.
- Know when to negotiate a settlement and when to prepare for litigation.
An employment lawyer can shield employees from retaliation and keep track of important deadlines.
Attorneys also understand how to evaluate company policies and compare them with legal standards to demonstrate violations. By crafting a strategic approach tailored to your unique situation, an employment lawyer can secure the ideal outcome, whether through negotiation, mediation, or trial. Legal representation provides support and advocacy during a challenging and often stressful process.
FAQs
What Is the Difference Between Discrimination and Harassment at Work?
Discrimination often takes the form of an adverse employment action. This can include hiring, compensation, or firing decisions based on a protected trait. Harassment involves offensive conduct, such as slurs, jokes, or unwanted actions, that creates a hostile environment. Both discrimination and harassment are illegal under federal and Florida law.
Knowing the difference between the two terms can help employees more accurately articulate their experiences in a complaint of workplace misconduct or a formal charge.
Are Independent Contractors Protected From Workplace Discrimination?
Independent contractors have limited legal protections from discrimination. Federal and Florida anti-discrimination laws typically apply to employer–employee relationships. Contractors may be protected from discrimination under different laws, depending on the facts of their situation.
If you are considered an independent contractor but are treated as an employee, misclassification may impact your rights. You can talk to an attorney to see if you have the right to bring a discrimination claim under Florida law.
What Compensation Can I Recover If I Prove Discrimination?
Proving discrimination at work in Florida can lead to various forms of compensation, including:
- Back pay
- Front pay
- Emotional distress damages
- Attorney’s fees
- Punitive damages (in some cases)
Remedies may also include reinstatement to your job and changes in workplace policies.
The types and amounts of compensation available will depend on the facts of your case and the applicable laws. An employment lawyer can evaluate the available remedies and advocate on your behalf to maximize your recovery.
Can Small Businesses in Florida Be Held Liable for Discrimination?
Federal anti-discrimination laws generally only cover businesses with
15 or more employees, and age discrimination claims under the ADEA require
20 or more employees. The Florida Civil Rights Act uses a similar standard. Florida employees in a smaller business may not be covered by these statutes. Nevertheless, these employees should not presume that they are not covered.
Contact a Workplace Discrimination Lawyer
Demonstrating that you were the target of discrimination in the workplace can be challenging. Not only do you need evidence of the purported act, but you must also be willing to move forward with action against the discriminating party. Be sure to have a skilled employment attorney on your side so that you have an informed legal advocate throughout the process.
The Law Offices of Gary A. Costales, P.A., works hard to safeguard employee rights across Florida. If you have been a victim, consult an experienced workplace discrimination lawyer by scheduling your consultation today.
