What Types of Discrimination Support a Claim for Wrongful Termination?

Discrimination in the workplace is not only unethical, but it is also illegal under both federal and state laws. If you believe you have been wrongfully terminated due to discriminatory practices, it is crucial to recognize what types of discrimination can support a claim for wrongful termination.

Discrimination Based on Race, Color, or Ethnicity

Federal law, specifically the Civil Rights Act of 1964 (Title VII), prohibits employers from discriminating against employees based on race, color, or ethnicity. Similarly, Florida’s Civil Rights Act reinforces these protections, ensuring employees are judged based on their abilities and not their racial or ethnic backgrounds.

Discrimination Based on National Origin

Discrimination based on an individual’s national origin is illegal under federal law (Title VII of the Civil Rights Act of 1964) and Florida state law. This includes treating employees unfavorably because they are from a particular country or part of the world, because of their accent, or because they appear to be of a certain ethnic background.

Discrimination Based on Sex, Sexual Orientation, or Gender Identity

The Civil Rights Act of 1964, along with subsequent federal guidance and state laws, protect employees from discrimination based on sex, which has been interpreted to include sexual orientation and gender identity. Employers cannot make employment decisions based on an individual’s sex, sexual orientation, or gender identity.

Discrimination Based on Age

The Age Discrimination in Employment Act (ADEA)protects employees who are 40 years of age and older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The Florida Civil Rights Act also offers similar protections to ensure fair treatment regardless of age.

Discrimination Based on Disability

Both the Americans with Disabilities Act (ADA) and Florida law prohibit discrimination against individuals with disabilities. Employers are required to provide reasonable accommodations for employees with disabilities, as long as it does not cause undue hardship on the operation of the business.

Discrimination Based on Religion

Discrimination based on religion is prohibited under Title VII of the Civil Rights Act of 1964. Employers are required to accommodate an employee’s religious beliefs or practices, unless doing so would impose an undue hardship on the business.

Discrimination Based on Pregnancy

The Pregnancy Discrimination Act (PDA) amends Title VII of the Civil Rights Act of 1964, making it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. 

Discrimination Based on Genetic Information

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employment discrimination based on genetic information. This includes information about an individual’s genetic tests and the genetic tests of their family members, as well as information about any disease, disorder, or condition of an individual’s family members (i.e., family medical history).

If you believe you have been the victim of wrongful termination due to any form of discrimination listed above, do not hesitate to reach out to the experienced team at Cantrell Schuette, P.A. We are committed to providing you with personalized legal advice and vigorous representation. Contact us today at 904-869-0992 or coordinator@caklegal.com for a free consultation. Together, we can assess your case and explore the best path forward to protect your rights and secure the justice you deserve.

Does Jacksonville Have an Equal Employment Opportunity (EEO) Ordinance? 

Yes! The Jacksonville Equal Employment Opportunity (EEO) Ordinance represents a significant local legislative effort aimed at promoting and ensuring workplace equality within Jacksonville, Florida. 

Section 402.201 of the Ordinance prohibits employers from engaging in discrimination or unfair treatment of individuals based on race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age, or disability in regards to hiring, compensation, employment terms, conditions, and privileges. It is also unlawful for employers to:

• Limit, segregate, or classify employees or applicants in a manner that negatively impacts their employment opportunities or status due to the aforementioned characteristics.

• Refuse to provide reasonable accommodations for qualified individuals with disabilities, unless doing so would result in undue hardship for the business.

• Deny employment opportunities to qualified individuals with disabilities if the denial is based on the necessity to make reasonable accommodations.

• Utilize qualification standards, employment tests, or other selection criteria that unfairly exclude individuals with disabilities, unless these are job-related and necessary for the business.

• Administer employment tests in a way that does not accurately reflect the abilities of applicants or employees with disabilities, unless the test is intended to measure the impaired skills.

The Ordinance applies to Employers with 15 or more employees, employment agencies, and labor organizations. It does not apply to religious organizations with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the religious organization of its religious activities. Notably, the protections against discrimination based on sexual orientation or gender identity do not apply to religious organizations. 

Finally, section 402.207 protects employees from retaliation by an employer when the individual has made a charge or testified, assisted or participated in any manner in an investigation, proceeding or hearing pursuant to the ordinance. 

If you believe that you have been wrongfully terminated under the Ordinance you may file a complaint with the Jacksonville Human Rights Commission (JHRC). The JHRC was established to ensure the Jacksonville community is free from discriminatory practices. Its objectives include promoting fair treatment and equal opportunity regardless of various personal characteristics, fostering mutual understanding and respect among all groups, and eliminating discrimination and antagonism between racial, religious, and ethnic groups. It addresses complaints of discrimination and unfair practices in employment, housing, and public accommodations based on a wide range of personal attributes including race, color, religion, sex, and more. 

To achieve its goals, the JHRC conducts research on current human relations issues, offers training on anti-discrimination laws, and the significance of cultural sensitivity in healthcare and law enforcement. Moreover, it organizes and supports community discussions on various topics to promote understanding of different racial, ethnic, religious, and cultural norms.

For personalized legal advice and assistance in navigating wrongful termination claims under the Jacksonville Equal Employment Opportunity Ordinance, contact Cantrell Schuette, P.A. at 904-869-0992 or email coordinator@caklegal.com for a free consultation. Our experienced attorneys are here to help protect your rights and seek justice in your workplace.

What are the Three Most Important Aspects of a Discrimination Claim? 

Proving discrimination in the workplace can be a daunting challenge. Gone are the days of overt acts of prejudice; today, discrimination often manifests subtly and requires careful scrutiny of circumstantial evidence. Here are the three critical elements that can significantly impact the outcome of such cases:

Circumstantial Proof

Proving discrimination typically hinges on circumstantial evidence. In essence, it involves demonstrating that, considering all relevant circumstances, the termination was motivated by the employee’s membership in a protected category—such as race, gender, sexual orientation, religion, national origin, disability, or age. This demands meticulous documentation and analysis to construct a compelling argument that the termination was discriminatory in nature.

Patterns of Differential Treatment

Second, patterns are crucial. Identifying patterns of disparate treatment is crucial in substantiating a discrimination claim. Our attorneys diligently investigate and unearth instances where employees within the protected category have been treated differently from their counterparts outside that category. These patterns serve as compelling evidence to support the assertion of discrimination. Failure to uncover such differentials can jeopardize the case, potentially leading to dismissal at summary judgment.

Role of the Discriminator

The position of the individual responsible for discriminatory actions is pivotal. While coworkers may engage in harassing behavior, only supervisors hold the authority to terminate employees. Thus, it is imperative to establish that the termination decision was influenced by discriminatory motives originating from a supervisor. This distinction is essential in determining the viability of a discrimination claim and underscores the importance of thorough investigation and legal strategy.

If you believe you have been wrongfully terminated due to discrimination, we urge you to take action. Contact us today for a free consultation and personalized legal advice tailored to your circumstances. Contact Cantrell Schuette, P.A. at 904-869-0992 or coordinator@caklegal.com to schedule your free consultation. Your rights matter, and we are here to help you fight for justice.

How Much is My Wrongful Termination Case Worth in Jacksonville, Florida? 

The answer is part math, part art. Determining the value of a wrongful termination case involves a combination of calculations and considerations unique to each situation. At Cantrell Schuette, P.A., our experienced attorneys can help you navigate the complexities of evaluating your case to pursue fair compensation.

The Math: Lost Wages

The first aspect to consider is lost wages. This typically encompasses two categories:

1. Back Pay: This includes lost wages and benefits from the time of termination up to the conclusion of the trial. For example, if an employee earning $50,000 annually, including benefits, was terminated on July 1, 2020, and the trial ends on July 1, 2022, their back pay would amount to $100,000. If the court awards front pay, the total lost wages could increase.
2. Front pay: This covers lost wages and benefits from the trial onward. For instance, if the court decides the employee is entitled to another year of front pay after trial, the total lost wages could rise accordingly.

However, it’s essential to note that the employee has a duty to mitigate their lost wages by seeking comparable employment. Any income earned from new employment could affect the final compensation awarded.

The Art: Compensatory Damages

The second aspect involves compensatory damages, which include factors such as emotional pain and suffering, mental anguish, loss of enjoyment of life, and more. Assigning values to these intangible losses can be subjective and requires careful consideration of various factors unique to each case.

Different people may place different values on these categories, making it crucial to have a skilled trial attorney who can effectively advocate for your interests and maximize the compensation you deserve.

Navigating a wrongful termination case can be complex, but you don’t have to face it alone. Contact Cantrell Schuette, P.A. today for a free consultation and personalized legal advice tailored to your situation. Call us at 904-869-0992 or email coordinator@caklegal.com to schedule an appointment with one of our experienced attorneys.

Why Should I Hire Cantrell Schuette, P.A. for My Wrongful Termination Claim? 

When facing the distress of wrongful termination, selecting the right legal representation is critical to securing justice and fair compensation. At Cantrell Schuette, P.A., we stand as a premier litigation boutique with a profound focus on handling high-value employment discrimination, harassment, and retaliation cases. Here’s why choosing us can make all the difference:

Educational Background

We choose only the most skilled attorneys, graduates from top law schools and leaders in their classes. While intelligence and sound judgment are crucial, hard work is indispensable. Our attorneys tirelessly work to represent our clients effectively and efficiently.

Award Winning Attorneys

Our attorneys are award-winning, including most with “AV” rating by Martindale Hubbel  (a peer-reviewed rating) and honored by Super Lawyers (a peer-reviewed rating). Clients are regularly referred to us by other attorneys.

Subject Matter Experts

In navigating the intricate landscape of wrongful termination cases, expertise matters. Unlike firms that juggle various practice areas, our focus is squarely on employment discrimination, harassment, and retaliation law. This dedication equips us with a profound understanding of the nuances of these cases, maximizing your chances of a favorable outcome.

Trial Experience

At Cantrell Schuette, P.A., we are not just prepared to go to trial – we embrace it. Unlike many other firms, we start preparing for trial from day one, ensuring we are armed with compelling evidence and a robust case strategy. With over many trials and arbitrations collectively under our belt, we possess the courtroom experience necessary to advocate effectively on your behalf.

Contact Cantrell Schuette, P.A. today for a free consultation and personalized legal advice tailored to your wrongful termination claim. Don’t settle for less – trust in our expertise to fight for your rights. Call us at 904-869-0992 or email coordinator@caklegal.com. Your path to justice starts here.