Yes, it is possible to sue an employer for unfair treatment in the State of Florida, especially when that treatment involves issues protected under state and federal laws, such as:
- Discrimination
- Harassment
- Wrongful termination
- Retaliation
- Wage violations
Specific examples of what may be considered unfair treatment can include offensive comments, terminating a worker for a reason other than their conduct or performance, and creating a hostile work environment. Under Florida employment laws, a worker can bring a state claim within four years after the discrimination occurred.
It is important to note, however, that the worker must get a Reasonable Cause finding from the Florida Commission on Human Relations (FCHR) or wait for 180 days to pass without a finding from the FCHR. To find out more specific information on employment laws in Florida and what may be considered unfair treatment, an individual should consult with a local attorney in Florida.
How Do I File a Complaint Regarding Employment Discrimination?
The first step a worker should take if they have faced employment discrimination is to inform their employer or their employer’s human resources (HR) department. If this does not resolve the worker’s issue, there are additional steps a worker can take.
It is important for workers to be aware that they are usually required to exhaust all of the available administrative remedies before they can file a lawsuit against their employer. Before a worker can file a harassment or discrimination lawsuit against an employer, they must first file a complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC is the federal agency that handles workplace harassment and discrimination claims. If a worker files their lawsuit before they go through the EEOC, it may be dismissed.
Most claims must be filed with the EEOC within 180 days after the incident of discrimination. If the incident is also governed by a local or state anti-discrimination law, the deadline will be 300 days from the incident.
After the EEOC receives a complaint, it will conduct an investigation of the workplace and the allegations. This will require collecting basic information, such as contact information for both the employee and the employer, as well as the date and description of the discriminatory incident.
After it gathers all of the required information and conducts an investigation, it will make a decision. If the EEOC determines that discrimination did occur, it may work with the parties to reach a settlement.
If the parties cannot resolve the issue, the EEOC will file a lawsuit on the employee’s behalf or issue a right to sue letter to the employee. When the EEOC determines that discrimination did not occur, it will issue a right to sue letter.
After a worker receives their right to sue letter, they will have 90 days to file their lawsuit in court. When filing a lawsuit, an individual may be able to use certain information and documents as evidence, such as:
- Eyewitness statements
- Copies of all of the communications between the employee and the parties involved in the alleged discriminatory conduct
- Video or audio recordings of the conduct
- A copy of the employee handbook or contract that outlines the company’s policies for addressing discrimination in the workplace
For more information on the requirements for filing a complaint with a Florida employer or the EEOC or filing a lawsuit in court, it is important to consult with an attorney in Florida.
How Do I Prove Employment Discrimination?
Employment discrimination occurs when a job applicant or worker is treated less favorably than other similar employees based solely on certain protected characteristics. Employment discrimination can also occur when applicants or workers are harassed, denied reasonable workplace accommodations, or questioned improperly about their medical or genetic information.
There are specific characteristics that are protected under the law, including:
- Age
- Sexuality
- Gender or gender presentation
- Religious beliefs
- Disability, including temporary conditions such as pregnancy
- Other categories
Employment discrimination may also arise when a group of employees is treated more favorably than another group based on a protected class or category, which are defined by applicable laws. One specific example of this would be when a group of workers receives benefits that are denied to another group based on their gender.
Employment discrimination often occurs after an individual has been hired. It can, however, also occur when an individual is seeking employment. It may also arise as retaliation when an employee complained or cooperated with job discrimination proceedings, such as in a workplace investigation.
The federal government, as well as the majority of states, have statutes and laws in place that prohibit government agencies, organizations, and private employers from engaging in discrimination against individuals based on protected characteristics. If an applicant or employee is treated differently based on these protected characteristics, they may be able to sue an employer for discrimination.
What Happens After a Lawsuit Has Been Filed?
After a discrimination lawsuit has been filed in Florida, there may be several legal remedies available. The goal of these discrimination laws is to put the worker back in the same position, or a very similar position, as they would have been in if the discrimination did not occur.
There may also be other remedies available based on the type of discriminatory offense and what effect it had on the worker.
- There are several common legal remedies that workers may receive, including, but not limited to:
- The employer has to immediately cease all discriminatory practices and implement steps to avoid future discrimination
- Special accommodations that allow the worker to perform their job duties
- Back pay
- Lawyer’s fees
- Court costs
- Compensatory damages to cover:
- any expenses the employee incurred as a result of the discriminatory incident
- any emotional harm suffered, such as:
- mental anguish
- loss of enjoyment of life
- Punitive damages may also be awarded if the discrimination was especially malicious or egregious
It is important to be aware that there are factors that can affect the outcome of an individual’s employment discrimination claim. For example, if the employer can show they took action for some other legal reason, such as the worker’s job performance, the claim may not succeed.
The laws in a state can also limit the amount of damages or the available remedies in discrimination cases in Florida. Because of this, it is very important for an individual to consult with a Florida attorney who can explain any limitations and explain the possible available remedies and defenses the employer may use.
Do I Need an Attorney for Help Filing a Discrimination Claim?
Facing discrimination at a workplace can be very difficult to endure, so it is important for you to have the help of a Florida discrimination lawyer, no matter what steps you decide to take. Your discrimination lawyer can explain the Florida laws as well as the federal laws that may apply to your situation, what remedies you may be able to receive, and how your employer will likely defend themselves.
Having an attorney handle your discrimination issue will also help ensure that you meet all of the required deadlines and complete all of the required processes so you can file a lawsuit in court, if necessary. You can easily find a discrimination lawyer in your area using the free attorney matching services provided by LegalMatch.com in as little as 15 minutes.
