Miami Employment Lawyer

Age Discrimination

Employees who are over 40 receive protection against discrimination under a federal law called the Age Discrimination in Employment Act (ADEA). However, employees of any age in Florida are protected against age discrimination under the FCRA. This law also covers a slightly broader range of employers than does federal law.

Nationality (National Origin) Discrimination 

Our Miami employment attorneys also represent people who have received adverse treatment in the workplace based on their actual or perceived nationality. Unfortunately, sometimes employers are biased against people who come from a certain part of the world or belong to a certain ethnicity. National origin discrimination may overlap with race or religious discrimination as well, such as when an employer refuses to hire an employee from the Middle East.

Religious Discrimination

An employer cannot fire or refuse to hire an employee based on his or her religion or religious beliefs, unless requiring a specific religion is a necessary qualification for doing the job (which is a very rare circumstance). Moreover, an employer must provide a reasonable accommodation to employees so that they can practice their religion. This might involve modifications to a work schedule or work environment, or allowing for breaks during the day.

Pregnancy Discrimination

Women in the workplace are shielded from discrimination based on pregnancy, childbirth, or related medical conditions. They should receive the same accommodations that are made available to other employees who have a temporary disability. If a pregnant employee goes on leave, she should receive the same benefits as other employees who take leave due to a temporary disability.

Sexual Orientation Discrimination

Federal and state laws do not specifically protect employees from discrimination based on their sexual orientation. However, Miami is one of many Florida cities that have enacted ordinances prohibiting sexual orientation discrimination. Employers also may not discriminate against employees based on their gender identity.

Wrongful Termination

As in most other states, employment in Florida is generally at will. This means that the employer or the employee can terminate the relationship at any time for any reason. But a termination becomes wrongful if it violates the terms of an employment contract or it is based on a person’s protected trait (or retaliation for making complaints of discrimination).

Hostile Work Environment

If harassment becomes so intense that it creates a hostile or offensive work environment, an employee may be able to bring a claim against his or her employer. A hostile work environment may arise from a single incident of extreme misconduct, but more often it involves a pattern of events that occur over time. Harassing episodes may involve words, jokes, images, or physical conduct. These cases are highly fact-specific, so you should retain a knowledgeable employment lawyer in Miami who can help you pursue your discrimination and harassment claims

Retaliation

An employer may not punish an employee for making a complaint of discrimination, either internally or to a government agency. An employer also may not punish an employee for assisting with another person’s complaint of discrimination or cooperating with an investigation into alleged discrimination. Even if an employee does not prevail in their underlying discrimination claim, he or she may be able to prevail in the retaliation claim.

Explore Your Options with a Local Employment Attorney

If you believe that you may have been mistreated on the job, you should consult a seasoned attorney. To schedule a free consultation with Phillips & Associates, you can call (866) 229-9441 or complete our online form. We do not receive fees unless we successfully secure a settlement or verdict for a client.

Miami Office

Address:
175 SW 7th St #1208 
Miami, FL 33130 

Phone: (866) 229-9441