Tampa Discrimination Lawyer

Similar to age discrimination, disability discrimination is also illegal. The ADA prohibits discrimination against people with disabilities in several areas, employment being one. Some states have further protections for persons with disabilities that require employers to make reasonable accommodations for them. Florida is not one of them.

Although Florida law makes it illegal for an employer to discriminate on the basis of handicap, FCRA doesn’t define handicap or disability. Also, no statutes or regulatory provisions exist for private-sector employment.

Gender Discrimination

Gender discrimination (or sex discrimination) is when an employer treats a job applicant or employee differently because of their sex. It is illegal to discriminate on the basis of gender, which equally protects men and women.

Additionally, in the 2020 case Bostock v. Clayton County, Georgia, the Supreme Court ruled that firing individuals because of their sexual orientation or transgender status violates the prohibition of sex discrimination under Title VII. The Court explained that discrimination based on homosexuality or transgender status necessarily entails sex discrimination.

Under the law, sexual harassment is also a form of gender discrimination. Therefore, an employment lawyer can assist if you’ve experienced sexual harassment in the workplace.

Race Discrimination

Perhaps the most well-known form of discrimination is racial discrimination. This is when an employer treats a job applicant or employee differently because of race. Color discrimination, or treating someone in the workplace differently because of the color of their skin, is also illegal.

Race discrimination laws make harassment on the basis of race illegal, too.

Pregnancy Discrimination

The Pregnancy Discrimination Act makes it illegal for employers to discriminate against pregnant people in all aspects of employment, which includes:

• Assignments and promotions
• Hiring, firing, and laying off
• Pay and fringe benefits (leave and health insurance)
• Training
• Any other conditions of employment

If one is temporarily unable to perform their duties because of a medical condition related to pregnancy or childbirth, the employer is responsible for treating them in the same way as other temporarily disabled employees. Harassment against a pregnant person is also illegal.

Further, nursing mothers have the right to pump (express) milk in the workplace.

Ethnicity/National Origin Discrimination

Ethnicity or national origin discrimination is when an employer treats a job applicant or employee differently because of their origin, ethnicity, or accent. The law also applies to discrimination against someone because they appear to be from a particular ethnicity or have a spouse of a specific national origin.

It is illegal to harass someone in the workplace because of their ethnicity or national origin.

Arrest Record Discrimination

According to Florida law, a prior conviction is not a reason to deny one a license, permit, or certificate to engage in a particular profession (or industry). The only exception is if the conviction was a first-degree misdemeanor or felony of any degree and the crime directly relates to the profession.

For example, a convicted sex offender cannot get a teacher’s license or a job working in a school. There are also restrictions for some drug crimes.

Although it’s within employees’ rights to get a job after a conviction (and serving their sentence), it’s best to disclose any arrests or convictions if a job application asks you to do so.

Religious Discrimination

Religious discrimination is when an employer treats a job applicant or employee differently because of their religious beliefs. The law also makes it illegal to discriminate against one because of their connection to a religious organization or because their spouse is of a particular religion.

It is illegal to harass someone because of their religion.

Florida Civil Rights Act

Employers are prohibited from discharging or refusing to hire any individual on account of race, color, religion, gender, national origin, age, disability, or marital status. 

The Florida Civil Rights Act of 1992 (FCRA) is the primary piece of legislation governing employer behavior in this state. The FCRA, along with the federal Civil Rights Act of 1964, prohibits employers from discharging or refusing to hire any individual on account of race, color, religion, gender, national origin, age, disability, or marital status. The FCRA provides the employee one year to file a charge with the Commission on Human Relations, so it is essential that the employee act quickly if he or she feels that the employer has acted in a discriminatory manner. The commission then has six months to investigate and determine whether or not the allegations are supported. The commission’s findings essentially dictate what follows as to whether or not there is a lawsuit or an administrative hearing is requested. 

The damages under the FCRA include back pay, mental anguish, loss of dignity, and punitive damages. There is a cap on punitive damages of $100,000 but no cap on compensatory damages.