Tampa Bay Employment and Discrimination Lawyers

Federal and state laws in Spring Hill, Florida, are designed to protect employees from workplace discrimination. These laws, encompassing both state and federal regulations, offer broader protection than many people might realize.

According to federal law, it forbids “discrimination when it comes to any aspect of employment”, this includes hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and others. 

While anti-discrimination laws do not require employers to make smart decisions in the workplace or even be nice to employees, they require employers to treat employees equally regardless of their protected category.

This being said, it is unlawful for an employer to discriminate against you, to fail or refuse to hire, or even discharge any individual, or otherwise discriminate against any individual concerning compensation, promotion, advancement, discipline, suspension, or the general terms, conditions, and privileges of an employment contract. 

Types of Employment Discrimination in Regards to Protected Categories

Age

In the Employment Act of 1967 (ADEA), in regards of Age Discriminations, it 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 on the basis of 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. 

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.