Defenses Florida Companies Use to Fight a Race Discrimination Claim
When a Florida employer engages in racial discrimination with workplace operations, there are consequences for the company and legal remedies for the employee. It is possible for a worker to recover monetary damages, including amounts for back pay, front pay, interest, and pain and suffering. You may have grounds to file a charge if you experienced mistreatment in the workplace, and the Equal Employment Opportunity Commission (EEOC) provides a specific definition for race, color, and national origin discrimination.
Therefore, you can expect that an employer will take advantage of all potential defenses. Your claim of discrimination will hit its bottom line, so many companies have large legal departments and extensive budgets to fight the charge. This puts you at a disadvantage if you do not have a background in employment law. You get an edge when you retain a Florida race discrimination attorney to develop a strategy designed to overcome possible defenses. Employer options to counter your EEOC charge include:
You Failed to Meet Deadlines: Your employer could claim that you did not comply with legal requirements regarding the time to file your charge for discrimination. When pursuing your rights, there are multiple deadlines to consider, including:
- A 300-day deadline to file a charge with EEOC;
- A 1-year deadline to file a state charge with the Florida Commission on Human Rights (FCHR).
- The 2-year statute of limitations in Florida, if you file a lawsuit after exhausting the administrative process through EEOC or FCHR.
Failure to comply with the deadlines could be a solid defense by your employer, but there are options to counter these arguments.
Your Charge Does Not Meet the Legal Requirement: To succeed with a claim for employment discrimination, you must have evidence showing several facts. Your employer may have a defense if you cannot prove the essential elements of discrimination in the workplace.
- You are a member of a protected class, defined by race, sex, age, disability, or other characteristics.
- You suffered an adverse action by your employer, such as being terminated, being denied a promotion, or not being hired.
- Your employer engaged in adverse action because of your membership in a protected class.
Others are to Blame: Your employer may also attempt to claim that the company is not responsible for the incident of workplace discrimination, pointing the finger at another party. As a defense, the company might allege that the person who engaged in the discriminatory conduct was not a supervisor or employee. Many organizations work with contractors, business partners, and third-party vendors. However, these entities could engage in discrimination as part of their business relationship with your employer.
Consult with a Palm Beach County Race Discrimination Lawyer About Strategy
A Florida employer has numerous defenses when fighting your race discrimination claim, so you must be prepared for a battle. Our team at Sconzo Law Office is skilled with EEOC charges and workplace discrimination cases, so we are ready to step up to challenges. Please call 561-279-6114 or go online to schedule a free consultation at our Palm Beach Gardens office.