Understanding Workplace Discrimination
Discrimination can occur at any phase in employment, including during the hiring process or when awaiting an expected promotion or wage or salary increase while employed, or as a wrongful basis for termination. It can also be the cause of adverse actions such as demotion, discharge, or a reduction in wages or hours.
In Florida, employers cannot discriminate during hiring or employment based on:
- National origin
- Marital status
- Sexual Orientation/Gender identity
Protections in Place Regarding Workplace Discrimination
Federal and state laws that govern discrimination include:
- Equal Pay Act of 1963: Protects men and women who perform similar or equal work in the same workplace from sex-based wage discrimination in the payment of wages or benefits.
- Title VII of the Civil Rights Act of 1964: Protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin.
- Age Discrimination in Employment Act of 1967 (ADEA): Protects workers 40 years old and up from age-based employment discrimination. The Older Workers Benefit Protection Act (OWBPA) amends the ADEA to establish stronger protections.
- Rehabilitation Act of 1973: Requires all federal agencies to provide “reasonable accommodations” of any known disabilities (unless such accommodation would cause an undue hardship).
- The Americans with Disabilities Act of 1990 (ADA): Protects employees and job applicants in private and public sectors from disability-based discrimination in employment.
- The Civil Rights Act of 1991: The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve federal civil rights laws.
- The Florida Civil Rights Act of 1992 (FCRA): Secures protections for Floridians on the state level.
These laws protect you in the workplace, and violations of the laws are actionable and may lead to legal remedies such as punitive damages or court orders mandating that the discriminatory behavior ceases. You can receive compensation to cover emotional anguish, suffering, and any lost wages associated with the discrimination.
Call us to schedule a free consultation at (561) 708-4860 today.