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Job Discrimination
Lawsuit
Discrimination in employment is the damaging
treatment of a person or a group of people based on certain
characteristics. Discrimination on grounds such as age, race, sex, pregnancy, disability,
religion, or national origin violates federal law and Florida law in most
instances. On the other hand, discrimination
between employees based on the quality of their work, service, or performance, is often
permitted under federal and Florida law.
An employer’s direct discrimination
against an employee based upon sex, age, race, religion, family status, national origin,
military status, disability may manifest itself in the form of denial of employment,
unfavorable treatment, hostile work environment, lower pay, reduced wage, insults (whether in
the form of a joke, parody, or even direct humiliation), lack of reasonable accommodation, or
other, clear, differences compared to other employees.
An example is a scenario where a woman is not
hired because she is pregnant or may soon become pregnant. Another example is difference in pay between a female employee performing
the same job functions as her male co-worker. Or consider
the example of a female employee who is subject to crude or lewd jokes or statements or disparaging
remarks about women.
Another example can be wrongful
termination of an employee based upon gender, pregnancy, race, age,
religion, national origin, marital status, disability, and not upon the merits of job
performance.
There are also forms of subtle, indirect,
discrimination. Using some form of
disqualifying procedure, disguised as an aptitude or personality test, for example, to exclude
otherwise qualified individuals -- if such a mechanism has the effect of disqualifying only persons
of a certain race, or color, or national origin -- would be a form of
discrimination.
Discrimination
Lawsuit
Discrimination claims are legal claims
that an employee can bring against an employer, potential employer, or former employer.
Discrimination complaints may arise in the form of discrimination by sex or gender,
pregnancy, race, age, religion, national origin, marital status, disability, and in those
jurisdictions where prohibited, sexual orientation.
The discrimination laws can be very
complex and the time limits for asserting claims of discrimination can be different depending
on the specific factual circumstances involved.
In Florida,
employees must often file their charge of discrimination with the Equal Employment
Opportunity Commission (EEOC). A complaint may
also be filed with the Florida Commission on Human Relations (FCHR) (FCHR), instead of filing directly with the EEOC. Different rules apply
to federal employees. In most cases, employees must
file a charge of discrimination with the EEOC or FCHR prior to filing a lawsuit.
If you are a current or former employee
of a large company who believes you have been discriminated against, then contact
us. There are
strict, and very short, time limits for filing a charge of discrimination. If you delay, you
may waive your rights. The consultation is free and confidential. We work with
established class action law firms which may be able to help you through your employment
claim.
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