Employees are protected against discrimination in the workplace on the basis of race, religion, gender, or national origin. Discriminatory conduct includes termination, failure to promote or receiving lesser wages, benefits, or privileges than members of another characteristic. Statutes have been enacted at the Federal level, Title VII of the Civil Rights Act, State level, the Florida Civil Rights Act, as well as Miami-Dade County.
The Age Discrimination in Employment Act of 1967 (“ADEA”) prohibits employers from discriminating in the workplace on the basis of age against individuals who are over the age of 40. The employee must be qualified to perform the job. Retaliation may include practices of hiring, firing, and advancement that discriminate on the basis of age.
Florida as well as the Americans with Disabilities Act of 1990 (“ADA”) prohibits employers from discriminating in the workplace on the basis of disability. The employer must know or have reason to know of the disability. Retaliation may include practices of hiring, firing, and advancement that discriminate against disabled persons.
A disabled person is one who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such impairment, or is being regarded as having such impairment. The disabled person must be qualified for the job, with or without reasonable accommodations. “Reasonable accommodations” are accommodations that do not impose an undue hardship on the operation of the employer. “Undue hardships” are considered in light of the factors present for a particular employer on a case-by-case basis. However, employers are not required to lower their production or quality standards, nor absorb unreasonable expenses in accommodations.
The ADA also prohibits discrimination on the basis of filing a charge of discrimination based on disability with an agency.
Discrimination on the Basis of Sexual Orientation
Certain Counties, such as Miami-Dade County and Monroe County, prohibit discrimination on the basis of sexual orientation. This includes being subjected to a hostile work environment or being terminated from your employment because of your sexual orientation.
Our Miami employment attorneys can help you determine what your rights are with respect to your facts. If you believe you were subject to discrimination or have any other question regarding your termination, please contact us today or call (305) 448-9292.