Florida State and Federal Employment Discrimination Laws

Numerous state and federal laws protect Florida workers from employment discrimination. The Florida Civil Rights Act (FCRA) serves as the state’s primary anti-discrimination law. It prohibits employers from discriminating against prospective and current employees based on race, color, religion, national origin, sex, age, disability, marital status, sickle cell trait, or HIV-positive status.

Key federal laws that also protect workers from employment discrimination in Florida include:

• Title VII of the Civil Rights Act of 1964 – This prohibits employment discrimination based on an employee’s race, color, national origin, religious belief, sex, gender identity, or sexual orientation.
• Pregnancy Discrimination Act – This law prohibits employers from taking adverse employment actions against a worker due to pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.
• Equal Pay Act – This act prohibits sex-based wage discrimination between male and female workers who perform jobs requiring substantially identical skill, effort, and duties.
• Americans with Disabilities Act (ADA) – The ADA prohibits discrimination against a qualified worker with a disability or a perceived disability and requires employers to provide reasonable accommodations for a worker’s disability, so long as the accommodation does not impose an undue burden on the employee.
• Age Discrimination in Employment Act – This law prohibits discrimination against workers aged 40 or older.
• Genetic Information Nondiscrimination Act – This act prohibits employers from using workers’ genetic information to make an employment decision, restricts the acquisition of workers’ genetic information, and strictly limits the lawful disclosure of workers’ genetic information.

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How to Prove Discrimination at Work

Most work discrimination claims are proven through circumstantial evidence, which allows a judge or jury to infer that discrimination occurred. Establishing discrimination requires lawyers that handle discrimination cases to show that the employee is:

• A member of a protected class;
• Qualifies for their position; and
• Suffered an adverse employment action that other similarly situated workers who were not part of the protected class did not.

Even if there is evidence of these elements, the employer could present evidence of a legitimate reason for the adverse employment action. If the employer can provide a fair, non-discriminatory reason, the worker must show that the employer’s explanation is a pretext for discrimination. Evidence that can prove pretext includes offensive or discriminatory language used in the workplace or the timing of the adverse employment action.

However, some employment discrimination cases are proven with direct evidence. Direct evidence in workplace discrimination cases typically takes the form of written documents or statements. For example, in an age discrimination case, direct evidence might include statements from a worker’s superiors suggesting the worker retire or stating that younger workers are preferred for specific tasks.

Filing a Discrimination Claim

The process of filing a discrimination claim varies depending on what laws your employer has violated:

• Federal Laws – If your employer engaged in employment discrimination in violation of federal law, you can file a discrimination claim with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces most federal laws prohibiting employment discrimination, including the ADA, Title VII, the Pregnancy Discrimination Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Rehabilitation Act, and the Genetic Information Nondiscrimination Act. Under EEOC regulations, you must report an act of discrimination that violates federal law to the EEOC within 180 days of the adverse action. However, if the discrimination also violates state or local law, the filing deadline may be extended to 300 days.
• State Laws – If your employer engages in employment discrimination in violation of state law that does not fall under the jurisdiction of a federal or local agency, you can file a discrimination claim with the Florida Commission on Human Relations (FCHR).

How Long Do I Have to File an Employment Discrimination Claim?

You have 180 days to file an employment discrimination claim, also known as a charge of employment discrimination, with the EEOC. If the discrimination you face violates state or local law, the deadline may be extended to 300 days. After the EEOC investigates your claim, the agency may issue a notice of right to sue, which authorizes you to file an employment discrimination lawsuit in federal court. You have 90 days after receiving the notice of right to sue to file your lawsuit. FCHR claims must be filed within 365 days of the act of discrimination.

Types of Damages in a Job Discrimination Lawsuit

In a workplace discrimination lawsuit, you may be entitled to compensation for losses you suffered due to the discrimination. Damages or compensation that may be awarded in discrimination lawsuits include:

• Unpaid wages, including overtime, bonuses, and commissions
• Denied paid leave
• Lost earnings
• Job search expenses
• Emotional trauma or distress
• Reinstatement to your position

You may also be entitled to recover your court costs and legal fees if you prevail in your lawsuit.

How Can a Employment Discrimination Attorney Help with My Case?

Our employment discrimination law firm at Cruz Law Firm, P.A. can help you advocate for your rights and protect your interests after discrimination at work by:

• Investigating your claim to obtain evidence to prove that your employer engaged in discrimination, such as employment records, emails, text messages, or witness testimony.
• Calculating the financial losses you suffered from discrimination, including lost earnings or job search costs if you need to find a new job after being wrongfully terminated.
• Preparing and filing your EEOC or FCHR charges and communicating with agency officials on your behalf.
• Filing your employment discrimination lawsuit after you receive notice of your right to sue.
• Pursuing maximum compensation and justice for you, whether by reaching a settlement with your employer or advocating your case in court and at trial.

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