Discrimination cases are an effective means to hold employers accountable for violations of employment law. There are key legal actions that can be taken to stop unlawful behavior and provide employees who have been discriminated against remedies which may include compensatory damages, reinstatement to their position if they have been fired, and back pay, among others. Employment law attorneys represent employees in discrimination cases, fighting hard for their rights and for optimal resolution of your case.
These types of cases cover a wide array of unlawful actions. But not all seemingly “unfair” or “wrong” things that an employer does are against the law. There are specific protections covered under federal and state laws that would provide a basis for discrimination cases.
Do I Have a Discrimination Case?
Employment discrimination cases are for individuals who are in protected categories identified under federal and state laws. Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Florida Civil Rights Act, and other related laws detail the protected categories that can qualify for discrimination cases.
You must fall into one of these protected categories to bring a discrimination claim under these laws.
Types of Employment Discrimination Cases
Fortunately, the law protects many employees across Florida. There are many different types of workplace discrimination employees may face that can result in a case, which includes:
- pregnancy discrimination,
- sex and gender discrimination,
- disability discrimination,
- FMLA discrimination (Family & Medical Leave Act),
- race discrimination,
- religious discrimination,
- sexual harassment, and
- workplace retaliation due to whistleblowing, complaining about workplace safety hazards, and other situations
Discriminatory behavior by employers is not limited to certain industries or levels of employment. It can happen to employees across work types and work levels.
Discrimination cases are quite complex, and employers typically fight them. They will have their own attorney or team of attorneys. Discrimination attorneys have the expertise and experience in employment law and discrimination cases to strongly fight back for your rights and to get the optimal resolution to what you have had to endure.
Benefits of Hiring a Discrimination Attorney to Represent Your Case
There are multiple benefits to hiring a discrimination attorney to represent your case.
Here are four ways an employment lawyer can help:
- In-Depth Legal Knowledge and Skills to Build a Strong Case
You cannot win discrimination cases with solely a simple accusation. There must be very detailed information that is gathered, analyzed, and presented properly to build a strong case and prove that the discrimination occurred. Discrimination attorneys have in-depth knowledge of employment law and skills in case-building that employees themselves do not have.
- Assertive Communication & Leadership Skills to Battle Powerful Employers
A discriminatory employer will often engage in bullying or harassing behavior. Employment lawyers have the assertive communication and leadership skills to battle powerful employers and lead as your advocate each step of the way — through tough negotiations and in the courtroom if necessary.
- Understanding of Difficulty & Sensitivity to Reduce Stress
Dealing with discrimination is extremely stressful and difficult on its own. With the complexity, processes, and deadlines involved in filing discrimination cases, stress levels can become unmanageable, increasing personal and family life difficulty. Employment lawyers will take the lead each step of the way, giving you the confidence you need that your case is being handled properly and aggressively toward resolution.
- Track Record of Successful Resolution of Employee Rights Cases
Due to the critical importance of discrimination cases, utilizing an experienced attorney in the field with a track record of success in employee rights cases is the best strategy to get the best outcome. Just like you would want to have a good doctor if you are sick or injured, it is recommended to have a good lawyer on your side when you have a legal issue.
How Long Do Discrimination Cases Take?
The amount of time that discrimination cases take will vary from case to case. A claim of discrimination must be made under federal law or cross-filed with the state within 300 days of the date of the discrimination (in Florida). Depending on whether your case can be resolved under negotiations or if it goes to trial, the time can take months or up to a year or longer.
Workplace Discrimination and the EEOC
The EEOC, the Equal Employment Opportunity Commission, is the federal agency that enforces federal discrimination laws and administers discrimination cases. They have specific forms that need to be filled out and processes and deadlines that must be followed.
A claim can be filed with the EEOC and cross-filed in the State of Florida with the Florida Commission on Human Relations (FCHR). Once a claim is filed with the EEOC, there is an investigation. After the EEOC decision is made, the typical time frame to file a lawsuit under the federal laws administered by the EEOC, if appropriate, is 90 days.
Your attorney can advise you on the most appropriate legal avenue to file your particular case.
Hiring an Employment Discrimination Lawyer
No one deserves to go through being discriminated against in the workplace. But when it does occur, employees have a right to a fair resolution. The employment discrimination lawyers at Wenzel Fenton Cabassa, P.A. care deeply about employee rights and fight aggressively on our clients’ behalf — working each step of the way meticulously to build a strong case to hold employers accountable for their discriminatory behavior.
We have in-depth legal knowledge and skills, assertive communication and leadership skills, an understanding and sensitivity to the difficulty of our client’s situations, and a proven track record of success. If you believe you have been discriminated against in the workplace, we can help.
We’re the employee’s law firm— a tireless legal team fighting for your rights. We fight for justice in discrimination cases and have helped thousands of employees across the state of Florida get a fair resolution when their rights have been violated. From discrimination to wrongful termination to other employee rights cases, we are here for you.
Contact us today to schedule a free, confidential consultation.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.