Tampa Bay Employment and Discrimination Lawyers

In Spring Hill, Florida, both federal and state laws aim to protect employees from workplace discrimination. These regulations provide broader protections than many individuals may know, ensuring a fair and equitable work environment.

Federal law prohibits discrimination in any aspect of employment. This includes hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and more. While anti-discrimination laws do not mandate that employers make wise decisions or treat employees kindly, they require that all employees be treated equally, regardless of their protected status.

In this context, it is illegal for an employer to engage in discriminatory practices, such as failing or refusing to hire someone, terminating an employee, or discriminating in compensation, promotions, advancement opportunities, discipline, suspension, or any other terms and conditions of employment. If you believe you have experienced workplace discrimination, consider consulting an experienced employment attorney in Tampa, FL, or a discrimination attorney in Tampa to discuss your rights and potential legal remedies.

Types of Employment Discrimination regarding Protected Categories

Age

The Employment Act of 1967 (ADEA), in regard to Age Discrimination, protects certain applicants and employees 40 years of age and older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment. 

This type of Employment Discrimination involves the treatment of an employee or applicant for employment differently based on their age. 

Unless age restrictions have been specifically established through published specifications for a position, available to the public, the employing authority must give equal consideration to all applicants, regardless of age.

Gender

According to the U.S. Equal Employment Opportunity Commission, sex-based discrimination or Gender Discrimination involves treating someone (an applicant or employee) differently because of that person’s sex, including the person’s sexual orientation, gender identity, or pregnancy. 

The laws prohibiting discrimination based on gender equally protect everyone from being discriminated against in the workplace based on their gender. This includes sexual harassment, which is a form of gender discrimination.

If you believe you are a victim, we can help you. Learn more about this subject here.

Race

The U.S. law forbids discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment based on race or color. 

This type of employment discrimination involves treating someone unfavorably because they are of a certain race or because of personal characteristics associated with race, including hair texture, skin color, or complexion.

Race discrimination also includes harassment based on race.

Pregnancy

There’s no way around it: pregnancy discrimination is against the law. The U.S. Equal Employment Opportunity Commission (EEOC for short) enforces three federal laws that protect job applicants and employees who are pregnant. 

• The first law is Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, including pregnancy discrimination, including current pregnancy, past pregnancy, potential pregnancy, a medical condition related to pregnancy or childbirth (such as breastfeeding and lactation), having or choosing not to have an abortion and birth control (contraception).
• The second law is the Pregnant Workers Fairness Act or PWFA. This requires a covered employer to provide a reasonable accommodation to a worker’s known limitation related to pregnancy or any of the previously stated pregnancy conditions.
• The third law is the Americans with Disabilities Act or ADA, which prohibits discrimination against an applicant or employee based on a disability, including disabilities related to pregnancy such as diabetes. 

Additionally, nursing mothers may also have the right to express milk in the workplace under a provision of the Fair Labor Standards Act enforced by the U.S. Department of Labor’s Wage and Hour Division. 

Ethnicity or National Origin

National or Ethnicity Origin Discrimination involves treating applicants or employees unfavorably because they are from a particular country or part of the world or simply because they appear to be of a certain ethnic background. 

National origin discrimination can also occur when an employer treats an employee or applicant unfavorably due to their marriage or association with someone of a particular nation.

While it is unlawful to harass a person because of his or her ethnicity, it is important to keep in mind that the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents. 

Arrest or Conviction Record

Florida Law prohibits state and local agencies from denying a license, permit, or certificate to engage in a specific profession or industry based on a prior conviction unless the conviction is for a felony or first-degree misdemeanor directly related to the job. 

This law includes special provisions for certain drug-related offenses. Beyond that, Florida imposes no additional restrictions on conducting background checks. Job applicants must accurately disclose arrests and/or convictions on applications when required.

If a potential employer discovers an arrest or conviction record, they must consider it within the context of Florida’s regulations. Applicants must be truthful about their criminal history. 

If you need help navigating this type of discrimination, don’t hesitate to reach out for a free consultation, call 866-608-5529.

Religion

Religious discrimination happens when an applicant or employee is treated unfairly because of their religious beliefs. 

This protection covers not only individuals who are part of traditional, organized religions but also those with sincerely held religious, ethical, and moral beliefs. 

It’s important to note that harassing someone based on their religion is illegal. 

If you’ve been or believe you have been the victim of discrimination within your work environment, know you are not alone, and as a citizen of the United States, you can file an employment discrimination claim. 

What Constitutes a Successful Employment Discrimination Claim?

To establish a successful employment discrimination claim, several critical factors must be met. Here’s a breakdown of the essential components:

1. Employee and Employer Eligibility:
   • The individual filing the claim must be a qualified employee working for an employer subject to employment discrimination laws.
2. Unlawful Discrimination:
   • The employee must demonstrate that they experienced discrimination that violated legal protections. The grievance can’t be vague or personal; it needs to be rooted in the violation of a specific law.
3. Protected Status:
   • As mentioned before, the discrimination must be based on one of the legally protected categories, such as:
     • Age
     • Race
     • Sex
     • Religion
     • Disability

Each of these elements must be clearly evidenced to increase the chances of success. By meeting these criteria, an employee builds a strong foundation for their claim in the eyes of the law.

Understanding Workplace Sexual Harassment Claims

Workplace sexual harassment is a serious issue, and it’s important to recognize the different types of claims that can arise. Here’s a breakdown of the primary categories:

1. Quid Pro Quo Harassment

• Definition: This involves a situation where job benefits are contingent on the employee submitting to sexual advances or conduct.
• Example: An employee is promised a promotion in exchange for a date or threatened with demotion if refused.

2. Hostile Work Environment

• Definition: This occurs when unwelcome sexual behavior or comments create an intimidating, hostile, or offensive workplace.
• Example: Repeated inappropriate jokes or comments that make employees uncomfortable or unable to perform their job effectively.

Both types of claims can significantly impact the workplace environment and the well-being of employees. Employers are encouraged to foster a respectful and professional atmosphere to prevent such situations. Understanding these categories can help employees recognize and address potential harassment in the workplace.

Contact our expert employment lawyers at Whittel & Melton for the thorough and practical legal advice you need and deserve. Call us today at 866-608-5529.

At Whittel & Melton your initial consultation is free and we will conduct a detailed interview with you to find out exactly what happened and how we might be able to assist you. 

We proudly serve the entire state of Florida, including cities and surrounding areas of Brooksville, Spring Hill, Ocala, The Villages, Gainesville, Tampa, Brandon, New Port Richey, Dade City, Trinity, Inverness, St. Petersburg, Clearwater, Tavares, Leesburg, Fort Lauderdale, Boca Raton, and Miami.