FORT LAUDERDALE DISCRIMINATION LAWYERS

In handling your case, the attorneys in our Fort Lauderdale office may:

• Contact your employer to file a formal complaint regarding the discriminatory conduct and ensure that the discrimination stops
• Collect all evidence needed to prove that you have been a victim of discrimination – this process may include interviewing witnesses and co-workers, requesting documents from your employer, and reviewing your company’s policies and procedures with regard to workplace discrimination
• Investigate prior claims of discrimination against your employer to determine if there is a history of discrimination at your workplace
• Notify your employer that it may not retaliate against you for filing a discrimination lawsuit
• File a charge with the Equal Employment Opportunity Commission (EEOC) so that the EEOC may launch its own investigation of the discriminatory conduct
• File a discrimination lawsuit against your employer
• Negotiate a settlement of the employment discrimination lawsuit, under which you may be awarded lost wages as well as reinstatement of your prior position
• Prepare your case for trial

It is against the law for an employer to terminate or demote an employee because of his or her race, color, or national origin. “English only” language requirements in the workplace may also violate federal discrimination laws if the employer does not have a valid business reason for requiring for the language requirement.

Furthermore, an employee cannot be subject to a hostile work environment because of racial comments or slurs. Your employer can be held liable for racially-motivated comments made by supervisors or co-workers. The attorneys in our Fort Lauderdale office will review the facts of your claim to determine if a lawsuit may be filed seeking compensation for the harm you have suffered.

Federal law protects workers over the age of 40 from discrimination in the workplace on account of age. The Older Worker’s Benefit Protection Act prohibits employers from making employment decisions on the basis of age.

If a company has layoff, it cannot disproportionately affect older workers. In addition, employers cannot discriminate against older workers on the grounds that providing benefits for them is too costly. Furthermore, if your company refuses to promote you to a position for which you are qualified and instead hires a younger worker, you may have grounds to file an age discrimination lawsuit.

The Americans with Disabilities Act requires companies to provide reasonable accommodations for employees with disabilities. Perceived disability discrimination occurs when the employer treats an employee unfairly because they believe the employee is disabled even though he or she actually is not.

Employers are required to provide disabled employees with reasonable accommodations so that they may be able to work. For example, these accommodations may include making the workplace accessible for wheelchair users or providing a reader or interpreter with someone who is blind or hearing impaired.

The Americans with Disabilities Act also protects people with disabilities from being harassed or subject to a hostile work environment. Workers with physical disabilities and mental disabilities, as well as workers who are seeking treatment for substance abuse and addiction problems, are protected from discrimination.

Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, such as termination or demotion. Offensive remarks about an employee’s disability can give rise to a hostile work environment discrimination lawsuit if the comments are severe and pervasive.

A worker is protected by the Americans with Disabilities Act if he or she:

• Is physically or mentally impaired to a degree that limits substantially one or more major life functions such as walking, seeing, breathing, hearing, or speaking, or
• Has a documented impairment, or
• Is perceived as having such an impairment

An employer cannot treat an employee differently based on an employee’s religious beliefs or practices. In addition, employers cannot require their workers to participate or not participate in religious practices as a condition of employment. Employers are required to provide reasonable accommodations for employees’ religious practices, but do not need to provide an accommodations where it would create an undue hardship for the employer.

Federal law prohibits employers from retaliating against employees who file complaints regarding workplace discrimination.  An employer may not retaliate against an employee for notifying the employer of any type of unlawful conduct that is occurring at work or for participating in an investigation regarding a claim of discrimination. Examples of illegal retaliation include termination, demotion, reduction in wage or salary, loss of benefits, or reduction of work responsibilities.

Employers are generally prohibited from asking the following types of questions:

• What is your race, national origin, or ethnicity?
• Are you a U.S. citizen?
• How old are you?
• When do you plan on retiring?
• What religion do you practice?
• Are you married?
• Are you pregnant or plan on becoming pregnant?
• Do you currently have any physical or mental disabilities?
• Have you ever been treated for a physical or mental disability?

In addition, employers are generally prohibited from requiring new hires to take tests or pass screening measures that have a disparate impact on a protected class of employees.

Most employment relationships in Florida are “at will.” This means that either you or your employer may terminate the employment relationship for any reason, with or without cause. The exception to the “at will” doctrine is that your employer cannot fire you because of an unlawful reason.

Examples of wrongful termination include firing an employee because of his or her race, national origin, religion, gender, age, or disability. Furthermore, if you have signed an employment contract with your employer or you are a member of a union, there may be limitations placed on your employer as to when and how your employment may be terminated.

If you believe that you have been the victim of a wrongful termination, your employment attorney may be able to negotiate with your employer so that you are able to return to work. If these negotiation efforts are unsuccessful, your attorney may file a wrongful termination lawsuit on your behalf seeking compensation and an order from a judge requiring your employer to reinstate you.

If you have been the victim of workplace discrimination, fill out our free case review form for a no-obligation case evaluation from our Fort Lauderdale office.