Miami Discrimination Lawyer

Attorneys Protecting the Rights of Employees

Whether you are applying for a job, pursuing a promotion, or going through layoffs at work, you trust that you will be judged on your performance, as well as the merits of your work and qualifications. Unfortunately, this is not always true. Employers in Miami-Dade County sometimes base their decisions on an employee’s immutable traits, such as race, religion, age, pregnancy, or gender. This can have significant economic and emotional consequences for an employee. You should consult the Miami employment discrimination lawyers at Phillips & Associates, PLLC if you believe that you may have a claim of discrimination.

If you were treated unfairly at work based on discrimination, talk to a skilled employment lawyer near you. Contact Phillips & Associates, PLLC online or call (866) 229-9441 to secure a free consultation now.

Employment Discrimination Laws

Federal laws prohibit discrimination based on color, race, religion, national origin, gender/sex, disability, age over 40, as well as sexual harassment. Many federal anti-discrimination laws apply to Florida employers with at least 15 employees, which leaves employees of small companies unprotected. The age discrimination law applies only to employers that have a minimum of 20 employees.

Apart from federal laws, it’s important to know that Miami-Dade County has established local ordinances offering broader protections. This includes protecting employees against discrimination based on sexual orientation and gender identity. Such local statutes play a critical role in ensuring a more inclusive work environment, filling in gaps that federal laws might not fully address. Furthermore, it is crucial for employees to be aware of both state and local protections to fully understand their rights and the actions they can take if facing discrimination.

The Florida Civil Rights Act of 1992

In Florida, companies with 15 or more employees are also subject to the state's anti-discrimination law. Florida state law (the FCRA) provides that it is illegal for an employer to refuse to hire or to alter their terms, conditions, or privileges of employment, due to that person’s race, color, religion, national origin, sex, disability (handicap), marital status, age, sickle cell trait, or handicap status, including AIDS. There is no prohibition based on gender identity or sexual orientation under state law. Title VII case law is used to interpret the Florida Civil Rights Act because the state law is modeled after the federal law. Our employment discrimination attorneys can help Miami residents assert their rights under either law.

It is also vital for employees to understand the procedural steps involved in filing a complaint under the FCRA. Typically, an aggrieved employee must file a charge with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). The timely filing of these charges is crucial as it affects the employee’s ability to pursue legal action. Phillips & Associates, PLLC can provide detailed guidance on navigating these processes, ensuring that all procedural requirements are met efficiently.

Understanding Retaliation and Your Protection

It’s common for employees to feel apprehensive about reporting discrimination due to fear of retaliation. However, both federal and state laws provide robust protection against retaliation for employees who assert their rights. Retaliation can manifest in various forms such as demotion, unfair disciplinary actions, reduced hours, or even termination. If you're experiencing these issues as a result of reporting discrimination, you are legally protected and can take action.

Our team at Phillips & Associates, PLLC is dedicated to ensuring that your rights remain protected. We work diligently to provide legal support to clients dealing with retaliation, helping them understand their options. If necessary, we guide them on the steps to take within the workplace and how to safely document incidences of retaliation to strengthen their position. Advocating for your rights should not come at the cost of your livelihood, and we are here to offer comprehensive support throughout this challenging process.

Handicap Discrimination

Regarding handicap discrimination, the Florida Civil Rights Act (FCRA) is supposed to be construed in accordance with the federal Americans with Disabilities Act (ADA). Florida law does not define what a handicap is, so the ADA’s definition is used. A disability is a mental or physical impairment that significantly restricts one or more major life activities of an individual, a record of that impairment, or a perception of having that impairment. Major life activities can include taking care of yourself, learning, working, performing manual tasks, seeing, walking, hearing, breathing, and speaking.

Those facing handicap discrimination may find it challenging to advocate for their rights without proper legal representation. It's essential to know that the FCRA and ADA allow for reasonable accommodations at the workplace. Employees should be aware that reasonable accommodations can significantly impact their ability to perform job duties effectively. Our attorneys can help assess whether an employer's refusal to provide accommodations constitutes undue hardship or is a breach of statutory obligations.

Under the ADA, a qualified individual is someone with a disability who can do essential job functions with or without a reasonable accommodation. When someone with a disability can do the essential job functions with a reasonable accommodation, the employer must provide the accommodation unless doing so would result in an undue hardship for the employer. Our Miami employment discrimination attorneys can help employees pursue reasonable accommodations. Reasonable accommodations might include a modified work schedule, job restructuring, reassignment, and an additional unpaid leave.

Section 11A-26 in Miami-Dade County

Under an ordinance entitled Section 11A-26, it is illegal for an employer to engage in certain employment practices based on an employee’s color, race, ancestry, national origin, religion, pregnancy, sex, age, disability, marital status, familial status, gender expression, gender identity, sexual orientation, or perceived or actual status as a victim of domestic violence, dating violence, or stalking. Practices that are prohibited include failing to hire, discrimination, and printing or causing to be printed or circulated an ad or publication that suggests that any of these groups is preferred or restricted. It is also illegal to refuse to provide reasonable accommodation to a disabled individual unless providing the accommodation would present an undue hardship.

This ordinance is a critical component of local employment protections, reflecting Miami's commitment to an equitable workplace by offering one of the most comprehensive anti-discrimination covers in Florida. Employers in Miami should not only adhere to these regulations to avoid legal ramifications but also actively cultivate an inclusive culture. At Phillips & Associates, PLLC, our legal team is well-versed in these ordinances and can offer detailed advice on how businesses can align with these local laws, thereby fostering healthy work environments.

Discrimination in Miami's Diverse Economy

Miami’s economy is vibrant and diverse, containing a unique blend of multiple cultures and industries, from tourism to finance. This diversity is one of the city’s greatest strengths, but it also presents unique challenges concerning discrimination. Employees in Miami may face challenges when their employers do not adhere to laws that protect against discriminatory practices. With a large portion of the workforce represented by minorities, understanding your rights under local and federal laws is essential to maintaining an equitable working environment.

Given this dynamic environment, businesses face an ongoing responsibility to comply with anti-discrimination laws and promote an inclusive culture. Legal issues often arise when companies fail to implement policies that prevent discrimination, leaving employees vulnerable. Our attorneys at Phillips & Associates, PLLC are committed to helping Miami residents navigate these complex situations, equipping them with the knowledge and support needed to address and resolve discrimination claims effectively. Whether it's advising on legal options or representing victims in legal proceedings, we stand ready to promote justice in Miami's workplaces.

For sound legal counsel, connect with . Dial (866) 229-9441 or submit our online form to make an appointment.

Frequently Asked Questions About Discrimination in Miami

How Do I Know If I Have Experienced Employment Discrimination?

Employment discrimination can be subtle or overt, making it challenging to identify. Common signs of discrimination include being passed over for promotions, receiving lower wages than peers for the same work, or being subjected to negative comments about protected characteristics like race, gender, or age. It's important to document these instances meticulously as records and witness accounts could bolster your claim. Consulting with a Miami discrimination lawyer can help clarify whether your experiences constitute discrimination and assess your best course of action to protect your rights.

What Steps Should I Take If I Believe I'm Facing Discrimination?

If you suspect discrimination, start by documenting all incidents and communications related to the matter. Gather evidence by keeping copies of emails, text messages, performance reviews, and any other relevant documents. Additionally, consider reporting the issue through your employer’s internal channels, such as human resources, if available. Should your situation not improve or worsen, contacting Phillips & Associates, PLLC can provide further insight into your legal options. Timing is crucial, as there might be deadlines for filing complaints, so consider legal consultation as soon as possible.

Can I Be Fired for Reporting Discrimination?

It's illegal for an employer to retaliate against an employee for reporting discrimination. If you face demotion, termination, or any form of workplace harassment after filing a report, these actions may constitute illegal retaliation under employment laws. Our attorneys at Phillips & Associates, PLLC can guide you through these concerns, ensuring you understand the protections afforded to you and assisting in taking appropriate action if retaliation occurs. Understanding your rights is vital to protecting yourself from unjust dismissal and other harmful employer actions.

Are There Any Local Organizations That Support Discrimination Claims?

In Miami, several local resources and organizations aim to support those facing discrimination in the workplace. The Miami-Dade Commission on Human Rights is one such body that offers guidance and assistance in resolving discrimination claims. By understanding the role of these organizations, employees can effectively utilize community resources alongside professional legal support to address their claims comprehensively. Collaboration with these resources ensures access to a network of support that enhances your ability to achieve a fair resolution to workplace discrimination issues.

What Role Does Mediation Play in Resolving Discrimination Disputes?

Mediation can be an effective alternative to lengthy legal battles for resolving discrimination disputes. As a confidential and voluntary process, mediation allows both parties to discuss their issues in a controlled environment with a neutral third-party mediator. This process aims to reach a mutually satisfactory resolution, potentially preserving workplace relationships and saving time and money. We at Phillips & Associates, PLLC can assist you through the mediation process, preparing your case and representing your interests to ensure a fair negotiation and outcome.

Retain an Experienced Miami Attorney

Consulting with an experienced attorney promptly is crucial in employment discrimination cases. At Phillips & Associates, PLLC, we provide compassionate and thorough guidance throughout the legal process, addressing each client's unique circumstances. Our team strives to ensure that your rights are preserved and that you receive the justice you deserve. Remember, knowledge is power; understanding your rights and taking immediate action can significantly influence the outcome of your situation.

If you were harmed by employment discrimination at a workplace in Miami-Dade County, you should consult a seasoned employment discrimination lawyer at our Miami office. 

To schedule a free consultation, contact Phillips & Associates, PLLC by calling (866) 229-9441 or completing our online form. We represent clients on a contingency fee basis, which means that we do not ask for fees unless we successfully secure a settlement or verdict for a client.