Job Discrimination

Even though federal employment law prohibits most employers from treating employees differently on the job based on race, gender, age (if over 40), disability, religion, creed, ethnicity, national origin, and alienage, such discrimination at work is still frequent in both Florida and around the United States. Some of the most common types of job discrimination occur when employers show bias in hiring, firing, promoting, or compensating employees due to the above referenced characteristics.

Types of Discrimination

Very few employees understand their rights under employment law. Although many believe their employer must treat them fairly, this is not always true. Florida, in particular, is an extremely employer friendly state that provides little or no protection for employees. However, an employer (assuming it is large enough to be covered by the anti-discrimination statutes) cannot make employment related decisions such as hiring, firing, promotions, or transfers based on the applicant's race, age ( if over 40), gender, disability, national origin, ethnicity, religion, or creed. There are many types of employment discrimination which are unlawful and it would not be possible to list all of them here. However, the most common types are described below.

Discrimination is the most common type of wrongdoing committed by employers against their employees. In conjunction with information provided by the EEOC, the lawyers of Massey & Duffy, PLLC encourage Florida residents to closely scrutinize the behavior of their employers. Job discrimination can often start subtly but grow more blatant over time. Below are the main types of job discrimination.

->Gender and pregnancy discrimination – If you have been passed over for a job, promotion, or given an unequal pay raise because you are a woman, you may be protected by both the Equal Pay Act and the Civil Rights Act of 1964. This statute also prohibits harassment based on gender. In addition, the law protects against discrimination based on pregnancy.

->Race, color, ethnicity and/or nationality discrimination – Title VII of the Civil Rights Act requires that employment decisions be made without regard to color, race, ethnic background, or nationality. This statute also prohibits harassment based on ethnicity or national origin.

->Age discrimination – If you are over the age of 40 and have been denied a job, a promotion, or you were laid off or terminated in favor of younger employees, your employer may be guilty of discrimination. You are protected by the Age Discrimination in Employment Act (ADEA). This statute also prohibits harassment based on age.

>Disability discrimination – Under the Americans with Disabilities Act, employers are required to make a reasonable effort to accommodate people with disabilities in the workplace. If your employer fails to do so, you may have a qualifying discrimination case. This statute also prohibits harassment based on disability and restricts the employer's right to ask the employee about his or her medical condition.

-> Religious discrimination - Title VII of the Civil Rights Act prohibits discrimination based on religion. Religion can include a belief system, religious observance or religious practice, as well as moral beliefs that have the weight of a traditional religious view.

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Other Employment Disputes

->Sexual harassment – This form of abuse qualifies as discrimination and may include those harassed and those who are offended by such conduct. Employers who sexually harass their employees may be held liable under Title VII of the Civil Rights Act of 1964. This law applies equally to both men and women as well as to situations where the harasser and the victim are of the same sex.

->Retaliation and Whistleblower - Employers often use retaliatory tactics, including firing or demoting an employee, when an employee reports discrimination or retaliatory conduct in the workplace. Such conduct is often an attempt to distance him or her from the company and to intimidate other employees from coming forward. This practice, called retaliation, is illegal. Affected employees may be eligible to bring retaliation lawsuits against their Florida employers. A whistleblower claim is similar to a retaliation lawsuit.

->Breach of Contract - In Florida, most employment relationships are "at-will," which means that an employer can terminate an employee at any time, with or without reason, as long as it is not a discriminatory reason. However, employees who have a written or verbal contract have added protection.

To learn more information about the different types of employment law claims, contact the experienced employment lawyers at Massey & Duffy, PLLC. We would be happy to discuss your legal situation with you.

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Gender and Pregnancy Discrimination

Even though the workplace in America is becoming more welcoming to women in executive positions, many women find that they are shut out of promotions and raises because of their gender. For example, a well-qualified woman might be turned down for a promotion or new job because she is told that clients and co-workers feel more comfortable with a male in the position. Another woman might find her position and pay lowered after she returns from maternity leave. This may be construed as a form of gender discrimination. In addition, the law has been amended to protect against discrimination based on pregnancy.

Gender and pregnancy discrimination at work can take many forms, some of which can be very subtle. The Gainesville, Florida firm of Massey & Duffy, PLLC urges all women (and men) who feel that they have experienced gender and/or pregnancy discrimination to document any incidents and contact us as soon as possible.

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Race, Color, Ethnicity or Nationality Discrimination

Job discrimination due to ethnic background is taken very seriously by our Gainesville and Ocala-based lawyers. We believe that you should not have to worry about being the “right” color or nationality to get a good job or a raise. If you feel that you have been subject to discrimination at work because of your ethnicity or nation of origin, employment law in Florida dictates that you can file for damages against your employer. You may be entitled to receive compensation for income lost due to discrimination. Depending on your situation, you may be advised to seek punitive damages against your employer as well. Contact the employment law attorneys of Massey & Duffy, PLLC to learn more.

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Age Discrimination Attorneys Serving Gainesville, Ocala and throughout Florida

Most employees over the age of 40 are protected against age-related job discrimination due to the widespread bias against older employees. For example, employees older than 40 may find that they are passed over for promotions in favor of less qualified employees because the boss wants a younger-looking office environment. Other instances of age discrimination at work might take the form of an employer laying off older employees so they can be replaced with younger people with lower salary requirements.

You deserve to be shown respect for your life experiences and job knowledge. As the baby boomer population gets older, age discrimination promises to be more prevalent than ever. If you feel that you have been discriminated against due to your age, contact our employment law attorneys in Gainesville or Ocala, Florida today.

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Disability Discrimination Attorneys Serving Gainesville, Ocala and throughout Florida

Disability discrimination occurs when an employee is treated differently because he or she has a disability. People with disabilities are protected in the workplace and in other public places by the Americans with Disabilities Act, or ADA. This legislation states that disabled people cannot be discriminated against, and that employers must make reasonable accommodations to allow people with disabilities to perform their job duties.

If you feel you have been denied a job opportunity or that your employer treats you differently or assumes that you cannot perform certain job duties because of your disability, you may be eligible to bring a job discrimination claim against that employer. Because filing a claim of this sort requires ample research and proof of facts, it is important for you to contact experienced employment law attorneys as soon as possible. The only way to end discrimination against people with disabilities is to fight against stereotypes and the prejudice which goes along with them. Contacting the Gainesville and Ocala, Florida attorneys of Massey & Duffy, PLLC could be your first step.

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Sexual Harassment

Sexual harassment is another type of job discrimination prohibited by federal employment law. Clients seeking a lawyer at the Gainesville, Florida office of Massey & Duffy, PLLC for advice should be aware that sexual harassment comes in many forms; the victim may be either a woman or a man. Also, the harasser does not have to be the opposite sex for the abuse to qualify as sexual harassment.

Sexual harassment is defined as unwelcome sexually suggestive behavior from a supervisor, coworker, or anyone else encountered in the workplace. It may or may not include inappropriate touching. More than in any other area of employment law, the victim of sexual harassment must navigate through a myriad of work place rules, human resources policies, and other administrative requirements in order to preserve his or her claim. For this reason, Massey & Duffy, PLLC urges employees who believe they are the victims of sexual harassment to contact a knowledgeable employment lawyer even before complaining to the employer.

At our Gainesville, Florida firm, we will stand with you throughout the process and help you determine the best legal course of action. To learn more about sexual harassment, please view this information video published by the Florida Commission on Human Relations (FCHR), which can be found by clicking HERE.  If you believe you are a victim of sexual harassment, please call or email us immediately.

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Retaliation and Whistleblower Lawsuits - Information from Our EEOC Lawyers in Gainesville and Ocala, Florida

It is your right and duty as an employee to report wrongdoing in your workplace. Whether you notice executive misconduct or want to bring attention to discrimination against you or others, your actions should not be punished. However, some employers seek to do just that by demoting, transferring or firing so-called “whistleblowers.” Employers often use these and other retaliatory tactics when an employee reports discrimination or retaliatory conduct. Such conduct is often an attempt to distance him or her from the company and to intimidate other employees from coming forward. This practice, called retaliation, is illegal. Affected employees may be eligible to bring retaliation lawsuits against their Florida employers.

It is particularly important for employees who want to report misconduct, harassment, or discrimination in the workplace to know their rights before they report such events. This is because not all complaints of misconduct are "protected activity" for which an employer cannot retaliate. Further, even if the complaint is about protected activity, an employee can lose that protection based on the manner in which he or she complains. The result can be that the employee is terminated, ineligible for unemployment benefits, and without a viable legal claim.

The EEOC lawyers of Massey & Duffy, PLLC, serving Florida, can guide wronged employees through the claim process with the EEOC and the details of their retaliation lawsuits. In addition, our lawyers handle whistleblower claims arising under Florida law and can help these employees seek relief in court.

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Qui Tam Lawsuit (False Claims Act)

If an employee reports employer fraud against the federal government, he or she may be eligible to file a qui tam lawsuit and collect part of the monetary award obtained by the U.S. government. Massey & Duffy, PLLC has experience litigating such matters under the False Claims Act. However, like all other types of litigation, consulting a knowledgeable and experienced attorney early in the process is key to a successful outcome.

Fighting discrimination in the workplace can be difficult and emotionally draining. If you feel that your civil rights have been violated, or if you are being punished for whistleblowing, you need a strong legal advocate. The law firm of Massey & Duffy, PLLC can be your advocate at all stages of your discrimination case, whether you need help with EEOC claims or retaliation lawsuits. Our lawyers, serving Gainesville and Ocala, Florida and beyond, have earned the trust of countless employees over the years. Contact Massey & Duffy, PLLC today for your free consultation.

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Breach of Contract

In Florida, most employment relationships are "at-will," which means that an employer can terminate an employee at any time, with or without reason, as long as it is not a discriminatory reason. However, employees who have a written or verbal contract have added protection.

When an employer breaches a contract, even an implied contract, the employee may lose access to expected commissions, bonuses, or severance packages. If you have been wrongfully terminated from a job or otherwise had a contract broken by your employer, you may have a claim. However, as with all employment disputes, the key to a successful outcome is to learn your rights early in the process by consulting an experienced employment lawyer.

Your job is an important part of your identity as an individual; it can be devastating to you and your family to lose your job and your income. The employment laws are designed to protect you from job discrimination and harassment based on sex, race, age, national origin, religion, creed, alienage, and disability. However, most of these laws are very complicated and it is very easy for an employee to mishandle their claim, often making it worthless. If you need a lawyer in Gainesville or Ocala to help you understand your rights and fight for justice, do not hesitate to contact the Gainesville or Ocala, Florida attorneys of Massey & Duffy, PLLC. Your initial consultation is free.

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Religious Discrimination Attorneys Serving Gainesville, Ocala and throughout Florida

Title VII of the Civil Rights Act prohibits discrimination based on religion. Religion can include a belief system, religious observance or religious practice, as well as moral beliefs that have the weight of a traditional religious view.

Generally, employers must make reasonable accommodation for the religious beliefs of their employees, unless it would cause undue hardship on the employer. Undue hardship means more than simply finding a replacement for a difficult shift.

An employer's duty to make reasonable accommodation does not arise until the employee makes a request for reasonable accommodation. In addition, the employer need only make reasonable accommodation; the law does not require the employer to make any accommodation requested by the employee. Some of the reasonable accommodations that may be made available in the workplace include:

->a schedule that will accommodate religious activities
->ability to change work shifts
->policy changes regarding religious activity

If an employee's activities or rituals hinder other employees' work, the employer may ask the employee to make some changes. This is not an act of discrimination.

At Massey & Duffy, our attorneys respect an individual's right to religious freedom. If you believe you have been the victim of discrimination based on your religious beliefs, please call or email us today for a free consultation.

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About the EEOC and FCHR

The EEOC, or Equal Employment Opportunity Commission, is a United States government agency that is in charge of investigating complaints of discrimination and retaliation and to enforce the anti-discrimination laws. In appropriate circumstances, the EEOC will file their own lawsuits against employers who discriminate against employees based on national origin, race, sex, religion, age, or disability. The agency derives its authority from such laws as:

Title VII of the Civil Rights Act of 1964
Equal Pay Act
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)

Many employment discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act require that before a lawsuit is filed, the complaining employee file a charge of discrimination with the EEOC setting forth the facts supporting the claim. However, the complaint process can be confusing and difficult to understand for most people. There are strict time limits on the filing of EEOC charges. Further, if the charge of discrimination does not set forth all bases for the claim, it is possible for the employee to forfeit his or her right to pursue the claim in court. For these reasons, an employee who believes that he or she is the victim of unlawful employment discrimination or retaliation should consult an experienced employment lawyer before filing a charge with the EEOC and even before complaining to their employer. If you are considering filing a discrimination claim with the EEOC, you should contact our lawyers in Florida first. We can give you the invaluable advice you need to make your claim a success.

Similarly, the FCHR serves many of the same functions as the EEOC, except at the state level.  If you have a cause finding from either the EEOC or FCHR, it is imperative that you contact us immediately.

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The Discrimination Claim Process

If you feel that you have experienced discrimination at work, you may need to file a claim against your employer. It may be appropriate to file a claim with both state authorities and the EEOC; our lawyers are experienced in Florida law and will assist you every step of the way.

The complaint filed with the EEOC must be very detailed and include dates and descriptions of the discrimination that you experienced. Witnesses and additional documents are usually very helpful. The purpose of your claim is to convince the EEOC that your discrimination case has merit and should be pursued legally. The initial claim should be as complete and concise as possible; therefore, assistance from qualified EEO lawyers can be extremely beneficial.

Once the EEOC accepts your claim, it is supposed to investigate the matter by talking to your witnesses and your employer. Naturally, some employers become very upset in this situation and try to punish the employees bringing the complaint against them. This punishment, also known as retaliation, is illegal and can be the basis of further lawsuits brought against them.

The EEOC filing process can be complicated and confusing. It is very easy for employees to make significant errors and omissions in their EEOC charges which often lead to the employee forfeiting part, if not all, of his or her claim. For this reason, it is important that an employee who believes he or she has been discriminated against speak to an experienced employment lawyer as soon as possible, preferably before the employee attempts to file a charge with the EEOC or even before the employee has complained to his or her employer.

EEOC Settlement of Claims

After the EEOC has investigated your claim, it will issue a determination. If the EEOC finds that there is reason to believe unlawful discrimination has occurred, it will issue a "cause" determination. If it believes no such discrimination has occurred, it will issue a "no cause" determination. If a "cause" determination has been issued, the EEOC attempts to resolve the complaint through a mediation process called “conciliation.” This process is most effective when the employee’s claim is of low value (under $20,000). If the EEOC cannot broker a settlement, it will issue a “right to sue” letter to the complaining employee. In Florida, an employee must file his or her lawsuit based on the claims submitted to the EEOC within ninety days of receiving the right to sue letter. If the employee waits even one extra day, his or right to sue the employer for these claims is likely lost forever.

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The Florida Commission on Human Relations

Section 760.10 of the Florida Statutes provides that it is unlawful for an employer to " . . . discharge or fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's . . . age."

The Florida Legislature enacted the Florida Civil Rights Act of 1992 which took effect on October 1, 1992. This law provides for a trial by jury and permits a court to award compensatory damages, i.e., pain and suffering, mental anguish, etc. and punitive damages not to exceed $100,000.00.

To take advantage of this law, the party must initially file a charge of discrimination with the Florida Commission on Human Relations (FCHR) within 365 days of the last act of discrimination. After conducting its investigation, if the FCHR determines that there is reasonable cause to believe that discrimination exists, the employee may bring a civil action for damages against the wrongdoer and/or employer.

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Non-Compete Agreements

Our law firm has significant experience enforcing, and breaking, noncompete agreements.  We also draft noncompete agreements that comply with the relatively new Florida laws governing employment and competition.  If you are a business owner and did not obtain your noncompete agreement from a licensed Florida attorney, or if you are an employee who would like to break a noncompete that you signed, please contact us for a consultation.  Our Florida attorneys help both businesses and individuals with these and numerous other employment related matters.

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