Workplace Discrimination

Workplace Discrimination 2018-05-15T14:14:22+00:00

Miami Workplace Discrimination Attorneys

Discrimination by a manager or supervisor in the workplace is against both federal and Florida law. Many laws prohibiting such discrimination were first enacted during the era of political unrest in the 1960s. If you believe you have been discriminated against and management has violated any one of the numerous laws to protect employees, you have the right to sue your employer.

Miami trial lawyers at the firm of Baron & Herskowitz have dedicated a substantial part of their practice to seeking justice for individuals who have been discriminated against or harassed in the workplace. To find out if you qualify to file a claim, contact our office today.

Types of Discrimination

Unfair treatment of a person or group on the basis of prejudice and without regard to individual merit is the definition in Florida of discrimination. Discrimination is discussed in Chapter 760 of Florida Statutes.

The Equal Employment Opportunity Commission (EEOC) was established under Title VII of the U.S. Civil Rights Act of 1964. When first passed, the act gave authorities little power to punish employers who violated the act. However, in 1972 Congress authorized the EEOC to sue employers for discrimination. From that point on, the EEOC, except for certain years during administrations in the 1980s, has determinedly pursued cases of discrimination by employers in the country, sometimes taking cases as far as to the Supreme Court.

The Americans with Disabilities Act, passed in 1990 and amended in 2008, further strengthened anti-discrimination laws protecting the disabled. The Civil Service Reform Act (CSRA) of 1978 included additional prohibitions against certain types of discrimination by any employee who supervises others. CRSA prohibits discrimination based upon political persuasion and marital status if these do not have an adverse effect upon the employee’s performance. Discrimination based upon sexual orientation also is not permitted.

Federal Laws Prohibiting Job Discrimination

The following are the laws that prohibit job discrimination in the U.S.:

  • Title VII of the Civil Rights Act of 1964
  • Equal Pay Act of 1963 protects men and women who do essentially the same work for the same employer (they cannot be discriminated against in the amount they are paid based on gender bias)
  • Age Discrimination in Employment Act of 1967, protects against age discrimination among those who are older than 40
  • Titles I and V of the Americans with Disabilities Act of 1990
  • Sections 501 and 505 of the Rehabilitation Act of 1973 protects those who are qualified but disabled from being discriminated against by the federal government
  • Title II of the Genetic Information Nondiscrimination Act of 2008 prohibits employment discrimination based on genetic information about a job applicant, a company employee, or a former employee
  • Civil Rights Act of 1991 provides financial compensation when it can be proven that the employment discrimination was intentional

To summarize, discrimination based on the following is prohibited under laws upheld by the EEOC:

  • Race
  • Color
  • National origin
  • Religion
  • Gender
  • Age
  • Disability
  • Genetic background
  • HIV status
  • Whistle-blowing
  • Exercising the right to appeal, complain, enter a grievance

Discrimination for Which You Can Sue

An employee who believes he or she has been discriminated against for any of the foregoing reasons has the right to sue the employer. If the court upholds your belief that you were in fact discriminated against, you should be compensated.

Contact an Employment Litigation Lawyer in Miami

If you believe that you have been discriminated against at work, you should talk to an attorney who is experienced in taking such cases to trial. Lawyers at the Miami office of Baron & Herskowitz have extensive experience handling such cases of employment litigation. To find out how they can help you, please contact our law office today.