Contact the Florida Lawyers of Massey & Duffy Today
If you may become involved in litigation or are seeking redress for an employment related injustice, and are looking for experienced legal counsel, contact Massey & Duffy, PLLC, today for a free consultation. We would be happy to discuss your legal situation and advise you on the best course of action.
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Alachua County : (352) 505-8900
Marion County: (352) 433-1068
Our experienced Florida lawyers can answer your employment law questions and advise you on the best course of action.
The lawyers of Massey & Duffy have decades of combined experience in every aspect of employment law. Whether you have questions about sexual harassment, job discrimination, or another category of employment law, a lawyer from our Florida law firm will be able to answer all of your employment law questions and advise you on the best course of action.
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.
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.
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Massey & Duffy is a full-service law firm serving Gainesville, Ocala and Jacksonville. Attorney practice areas include vehicle accidents, commercial disputes, construction, torts, premises liability, trucking accidents, overtime and employment law.
Lawyers Serving Gainesville and Ocala, Florida
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ALACHUA: (352) 505-8900
MARION: (352) 433-1068