Miami Discrimination Lawyer

Miami Discrimination Attorney

Be Sure Your Legal Counsel Is Experienced In These Cases

The Miami, Florida discrimination lawyers at the Law Offices of Gary A. Costales are here to help you if you believe you have suffered discrimination on the job. Discrimination cases are some of the most controversial cases in our legal system. Allegations of employee discrimination based on race, color, national origin, gender, age, sexual orientation and religion, as well as issues of retaliation, are highly volatile, and are the subject of a tremendous amount of litigation. Federal legislation that prohibits discrimination by employers includes the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and Title VII.

Due to the tremendous volume of employment lawsuits, many lawsuits alleging employee discrimination and sexual harassment in state and federal courts are dismissed at a summary judgment level. It is precisely because of the precarious nature of employment law litigation that both employers and employees should retain an experienced employment law attorney to protect their legal rights. Having a discrimination lawyer who can gather evidence, present the strongest possible case, and fight your case inside or outside of court is incredibly important.

Employment and discrimination cases are an ever-changing area of law in Florida and nationwide. These cases demand the knowledge and experience of a skilled employment lawyer. At the Law Offices of Gary A. Costales, P.A., our team comes with over 20 years of experience fighting for the rights of Miami employees and employers alike. If you are seeking justice or compliance in a Miami-Dade County discrimination or employment case, we are here to help.

Types of Discrimination Lawsuits in Miami, Florida We Handle

Title VII, ADA, Sexual Harassment And ADEA
Our office has significant prelitigation and trial experience in employment discrimination cases, including:

• Race And Color Discrimination (Title Vii). With nearly 70% of residents in Miami identifying as Hispanic or Latino, discrimination based on race or skin color can be a large issue. Federal and state laws alike prohibit employers from making negative decisions about an applicant or employee based on their race or skin color. Treating an employee less favorably because of their race or skin color is likewise illegal.
• Gender Discrimination And Sexual Harassment Law (Title Vii). Treating an employee or an applicant differently based on their gender, sex, gender identification, or sexual orientation is illegal in the Miami workplace. Additionally, any form of sexual harassment, such as unwanted sexual advances, the request for unwanted sexual favors, and verbal or physical harassment, is also illegal under federal, state, and local law.
• Disability Discrimination (Ada). In a Miami workplace, federal, state, and local laws work to protect individuals who suffer from a specific disability. These laws can apply to both current employees and applicants. If the individual is disabled as defined under law, the employer is also required to make certain reasonable accommodations, and the failure to do so could open up the employer to certain legal claims.
• Age Discrimination (Adea). When an employer stands to make certain decisions regarding employment within their company, they cannot take the applicant’s or employee’s age into consideration in order to treat that individual less favorably. This can be a violation of both the Age Discrimination in Employment Act and the Florida Civil Rights Act.
• Retaliation ( Whistleblower, Qui Tam, And Fmla Retaliation Cases). In Miami, it is illegal for an employer to retaliate against their employee should that employee be involved in an investigation, proceeding, or other legal hearing being conducted under the employment discrimination statutes of the state. Likewise, it is illegal to retaliate against an employee should they report any employer misconduct or law violation.
• Housing Discrimination. In Miami and across the state of Florida, it is illegal to discriminate in the sale or the rental of housing after a bona fide offer has been made or otherwise deny dwelling to a party or individual on the basis of race, national origin, sex, disability, religion, or sex.
• Lending Discrimination. This form of discrimination can occur when a lender, such as a bank, unfairly denies or imposes bad terms on loans due to the race, gender, skin color, religion, sexual orientation, or nation of origin of the individual seeking the loan. These protected characteristics should never impact your eligibility to apply for and secure a loan.
• Discrimination In Places Of Public Accommodations. In Miami, when an area resident or visitor does not receive the full and equal access they are entitled to in seeking the goods and services of gasoline stations, theatres, restaurants, hotels, motels, or other similar areas of public use because of segregation or discrimination, they have the right to file a legal discrimination complaint and must do so within 365 days.
• Wrongful Discharge In Violation Of State And Federal Legislation. It is illegal in Miami to be discharged or terminated from a place of employment for unjust reasons. Though Florida operates as an “at-will” state, meaning that employers can fire employees for any reason or no reason at all, they cannot fire someone on the grounds of illegal reasons. These illegal reasons may include discrimination, breach of contract, or an act of retaliation.

If you believe you have suffered discrimination in any of these areas, you may want to contact a discrimination lawyer as soon as possible. The discrimination lawyers in Miami, Florida at the Law Offices of Gary A. Costales can review the evidence, gather evidence, speak to witnesses, and fight to help you get the best possible outcome permitted under the law. Reach out to our discrimination law firm in Miami, Florida today.

Employment Discrimination in Miami, Florida

According to the U.S. Equal Employment Opportunity Commission, it is against the law to discriminate against someone because of their race, color, religion, national origin, sex, disability, or genetic information. Sex discrimination can include discrimination on the basis of gender identity, sexual orientation, or pregnancy.

Many employees might fear speaking out about discrimination because they might be concerned about retaliation on the part of their employers. Fortunately, the law protects workers from retaliation for reporting discrimination. Employment discrimination law applies to all aspects of the employment process, including hiring, firing, and promotion.

If you believe you didn’t receive a job because of discriminatory hiring practices, or if you believe you lost your job because you revealed aspects about your race, religion, national origin, sex or sexual identity, pregnancy, or disability (when the disability didn’t interfere with your performance of the job), you may want to consider reaching out to an employment discrimination lawyer in Miami, Florida at Law Offices of Gary A. Costales.

The U.S. Equal Employment Opportunity Commission provides some examples of discriminatory hiring process, including wording on job postings that can signal that a company favors younger workers, or workers in a protected class. If an employer uses word-of-mouth methods to hire workers, the employer must also see that its workforce is diverse and that protected individuals are not being excluded from opportunities due to a chosen hiring practice.

Discrimination can also affect the promotion process. If you believe you were passed over for a promotion due to your sex, due to pregnancy, due to disability, or another protected category, you may have the right to seek compensation and justice for your losses. Employment discrimination laws also apply to pay and benefits. If men are paid more for the same work, then this could be considered a discriminatory practice.

Discrimination laws also include “reasonable accommodation” laws. If an employee has a disability, the employer must provide reasonable accommodations to the employee unless doing so would interfere with business or result in significant expenses.

The U.S. Equal Employment Opportunity Commission notes some examples of reasonable accommodations to include ramps for wheelchair users or the use of an interpreter for a blind or deaf employee. Reasonable accommodation laws also apply to the religious beliefs or practices of an employee.

If you believe you suffered employment discrimination in Miami, Florida, you may want to reach out to the employment discrimination lawyers at Law Offices of Gary A. Costales. Our discrimination lawyers can review your case and offer guidance on the next steps. If you have a claim, we can work to help you seek justice for your losses.

Sexual Harassment and Discrimination in Miami, Florida

Sexual harassment, in order to be considered illegal, must be, according to the U.S. Equal Employment Opportunity Commission, “so frequent or severe that it creates an offensive or hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted).” It is important to note that an isolated incident, single request for a date, or teasing, might not be considered sexual harassment.

The boundary between sexual harassment and something that could be considered an “isolated incident” is where things get complicated with sexual harassment claims. If you believe you have suffered a loss, either of wages, a job, promotion, or career advancement because of sexual harassment, you may want to reach out to the Miami, Florida discrimination lawyer at Law Offices of Gary A. Costales. Our discrimination attorneys can review your case and offer guidance.

How the Law Offices of Gary A. Costales, P.A. Can Help

Whether you are a Miami employer or an employee, as soon as you walk through our office doors, the team at the Law Offices of Gary A. Costales, P.A. is here to serve you. Whatever your discrimination case might involve, we can provide your case with the following services:

• The investigation. The first thing our team will focus on is collecting and reviewing all material related to your discrimination claim. This can include any offer letters of employment, any related communications via email, phone, text, etc., your employment contract, and any disciplinary actions you may have faced, such as performance reviews or notices of termination. These documents can help us evaluate your overall claim.
• Formulating a legal strategy. Once this initial investigation is complete, we can work with you to determine the correct avenue of legal strategy in your case. Your legal team can offer you honest advice, counsel, and recommendations that can help formulate the most impactful and effective approach to seek the case outcome you most desire.
• Advocating for your rights. Finally, your attorneys can advocate for your rights in a discrimination case. From negotiating a separation package or settlement to writing up and sending an official demand letter to filing a charge of discrimination with the courts on your behalf, the team at the Law Offices of Gary A. Costales, P.A. is here to serve you both outside and inside the courtroom.

FAQs

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If you have been the victim of employment discrimination or sexual harassment, call now. State and federal laws require you to take action in a limited amount of time.

Employers should contact our experienced lawyer immediately if a termination, wrongful discharge or other employment action could trigger a potential lawsuit. Call our office at 786-446-7288 to schedule a free phone consultation, or contact us online.

Hiring a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.