Discrimination occurs when an employee is treated unfairly based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. Harassment involves unwelcome conduct based on protected characteristics that creates a hostile work environment or results in adverse employment actions.
We understand the emotional and professional toll that discrimination and harassment can take and are committed to securing justice for affected employees.
If you have been discriminated against or harassed in your workplace, we can advise on the necessary steps you must take to preserve your rights, which includes filing a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency. Contact us today to schedule a consultation and learn more about how we can assist you with your discrimination and harassment claims.
Frequently Asked Questions About Employment Discrimination and Harassment
Federal laws protect workers from discrimination and harassment. Understand Your Rights.
What laws protect Florida workers from discrimination?
Many federal and state laws protect Florida workers from discrimination, including:
- Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin.
- The Pregnancy Discrimination Act is part of Title VII, and prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
- The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
- Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act requires employers to provide reasonable break time and a private, non-bathroom space shielded from view to express milk.
- The Civil Rights Act of 1866 (Section 1981) prohibits race discrimination in the making and enforcement of contracts, which includes employment even if you do not have a formal employment contract.
- The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age.
- The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability and requires employers to provide reasonable accommodations.
- The Rehabilitation Act of 1973 is similar to the Americans with Disabilities Act, but applies to federal agencies, contractors or recipients of federal financial assistance.
- The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination based on genetic information.
- The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members from discrimination based on military service.
- The Florida Civil Rights Act (FCRA) prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. The FCRA mirrors many of the protections in Title VII and other federal laws.
Do federal and state discrimination laws apply to every employer?
No. Each law has its own requirements for which employers must comply.
The following laws apply to all employers, even if they just have one employee:
- Civil Rights Act of 1866 (Section 1981)
- Rehabilitation Act of 1973 (but only federal agencies, federal contractors, or recipients of federal financial assistance)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
The following laws apply to employers with 15 employees or more:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Genetic Information Nondiscrimination Act (GINA)
- Pregnancy Discrimination Act (amendment to Title VII)
- Pregnant Workers Fairness Act
- Florida Civil Rights Act
The following laws apply to employers with 20 employees or more:
- Age Discrimination in Employment Act (ADEA)
Does the law protect job applicants from discrimination?
Yes. The law protects applicants, current employees, and former employees.
Does the law protect against discrimination based on association?
Some do, but not all.
The ADA expressly includes associational discrimination in its text, but associational discrimination under the ADA is limited. For example, the ADA does not require accommodation for an associated person’s disability.
GINA also prohibits associational discrimination indirectly by its broad definition of genetic information. Other discrimination laws, such as Title VII, ADEA and FCRA, rely on judicial interpretation to extend protections based on association.
What must an employee do before filing a Title VII lawsuit?
In most cases, an employee must first file a charge of discrimination with the EEOC or the FCHR before filing a lawsuit. This is called administrative exhaustion.
Administrative exhaustion involves several specific steps:
First, the employee must file a formal charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a state Fair Employment Practices Agency (FEPA), such as the Florida Commission on Human Relations (FCHR). This charge must identify the discriminatory acts and the basis of the discrimination (e.g., race, sex, religion, etc.).
In Florida, the FCHR is a “dual filing” agency, meaning that a charge filed with the EEOC is typically automatically cross-filed with the FCHR and vice versa, but only one agency will conduct an investigation.
In Florida, an employee must file their administrative charge with the EEOC within 300 days of the alleged discriminatory act to preserve their federal discrimination claims. If the employee misses this deadline, they can still file with the Florida commission, which requires filing within 365 days.
Once the charge is filed, the EEOC or FCHR will notify the employer. Often, the agency offers mediation, or will proceed to investigate the claim. The agency may decide to dismiss the charge or issue a finding.
If the EEOC is investigating the charge, and it decides to close the file, the employee will receive a Right-to-Sue Letter, also called a “Notice of Right to Sue.” After receiving this notice, the employee has 90 days to file a lawsuit in federal court.
If the FCHR is investigating the charge, the process is more nuanced and the deadlines are more complicated. Depending on the circumstances, the FCHR sometimes requires completion of its process before a lawsuit can be filed.
What is the difference between race and color discrimination?
Race discrimination involves race or ancestry, while color discrimination involves skin shade or pigmentation, even within the same race.
Can employment decisions based on racial stereotypes violate the law?
Yes. Employment decisions based on stereotypes about protected groups are illegal.
What does national origin mean?
It includes not only geographic birthplace, but also ancestry, heritage, ethnic characteristics, depending on the circumstances. Discrimination based on an accent generally constitutes national origin discrimination unless it interferes with job performance.
Are English-only policies legal?
English-only policies must be job-related and justified by business necessity. Blanket English-only rules are presumed unlawful by the EEOC.
Are undocumented workers protected by Title VII?
Yes, although they may not be entitled to reinstatement or back pay remedies requiring illegal employment.
Does the law protect Florida workers against pregnancy discrimination?
Yes, the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination.
In addition, the Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Does the law require employers to accommodate pregnant employees?
Yes, the Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would pose an undue burden.
In addition, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to workers with a disability. While pregnancy itself is not a disability under the ADA, pregnancy-related impairments such as gestational diabetes or preeclampsia may meet the definition of a disability and entitle the pregnant employee to reasonable accommodations.
Another law to look to is the Pregnancy Discrimination Act (PDA). While the PDA does not create an independent right to accommodation, it requires employers to treat pregnant employees the same as others with similar limitations. Denying accommodations to a pregnant employee that an employer has offered to other temporarily disabled workers may violate the PDA.
Does Title VII protect caregivers from discrimination?
It depends. Discrimination or harassment based on caregiving responsibilities can constitute gender discrimination.
While caregiving itself is not a specified protected class, discrimination based on stereotypes about caregiving, such as assuming women will be less committed to work, can constitute gender discrimination.
Can employers use customer preferences as a defense for discrimination?
Generally no. Customer preference is rarely a valid defense, except for narrow exceptions involving privacy or safety.
