What is employment discrimination? 

Employment discrimination refers to the unjust and prejudiced treatment of individuals in the workplace based on certain protected characteristics. These characteristics often include race, color, religion, sex, national origin, age, disability, and in Miami, sexual orientation, gender identity, martial status, and more. These laws aim to create a fair and inclusive work environment where all employees can thrive without fear of prejudice or bias. Cantrell Astbury Kranz, P.A., a respected Miami law firm, is well-versed in the intricacies of these laws and has a track record of effectively advocating for employees in employment discrimination cases.

Employment discrimination laws in Miami, Florida are derived from a combination of federal and state statutes, as well as local ordinances. Title VII of the Civil Rights Act of 1964 is a cornerstone of employment discrimination law at the federal level. It prohibits employers from discriminating against employees and applicants on the basis of race, color, religion, sex, and national origin. This includes a prohibition on disparate treatment (intentional discrimination) as well as disparate impact (neutral policies that disproportionately affect protected groups). Title VII extends protection against retaliation to individuals who assert their rights under the law or participate in proceedings related to alleged violations.

The Florida Civil Rights Act (FCRA) complements Title VII by providing broader protections in certain aspects. In addition to the protected characteristics covered by Title VII, FCRA includes safeguards against discrimination based on age, disability, and marital status. This means that in Miami and throughout Florida, employees who experience discrimination based on these additional factors can seek recourse under state law.

Both Title VII and the FCRA require aggrieved individuals to file a charge with the appropriate administrative agency, such as the Equal Employment Opportunity Commission (EEOC) for federal claims or the Florida Commission on Human Relations (FCHR) for state claims, before pursuing a lawsuit. This administrative process typically involves investigation and mediation attempts to resolve the dispute before resorting to litigation.

Employment discrimination litigation in Miami, Florida, encapsulates a multifaceted legal landscape characterized by a diverse population, complex cases, and evolving legal interpretations. Cantrell Astbury Kranz, P.A., has emerged as a key player in this legal arena, championing the rights of employees and contributing to the creation of a fair and equitable work environment for all in Miami. For a free consultation with our Miami legal team, contact us at (305) 684-8004 or email us at coordinator@caklegal.com.

How does the Miami-Dade Human Rights Ordinance protect me as an employee in Miami? 

The Miami-Dade Human Rights Ordinance is a local law designed to protect individuals from discrimination in various aspects of life, including employment, housing, and public accommodations. Enacted in 1998, the ordinance explicitly prohibits discrimination based on a range of protected characteristics over and above those protected by state and federal laws. The ordinance prohibits employment discrimination on account of the race, color, religion, ancestry, sex, pregnancy, national origin, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, or actual or perceived status as a victim of domestic violence, dating violence or stalking of any individual or any person associated with such individual. 

Pursuant to the ordinance, employers in Miami are required to provide equal employment opportunities to all individuals, without considering any of their protected characteristics. This includes recruitment, hiring, promotions, and all other employment-related decisions. The ordinance also addresses workplace harassment by holding employers responsible for maintaining a work environment free from any form of harassment, including verbal, physical, or visual harassment related to protected characteristics.

In the event of a violation of the ordinance, individuals have the right to file a complaint with the Miami-Dade County Commission of Human Rights. The office investigates complaints and takes appropriate action, which may include mediation, conciliation, or legal enforcement. Remedies for victims of discrimination can include compensation for damages, back pay, reinstatement, and injunctive relief to prevent further discrimination.

Cantrell, Astbury, Kranz, P.A. is here to help individuals and employers navigate the complexities of this ordinance and provide legal guidance to promote a just and equitable working environment for all. We are reachable by phone at (305) 684-8004 or via email at coordinator@caklegal.com. 

Are there any federal laws that protect against age discrimination? 

Yes. The Age Discrimination in Employment Act (ADEA) was enacted to protect individuals over the age of 40 from unjustified age-based discrimination in the workplace. The ADEA was a direct response to the growing concerns about age discrimination in employment. As the population continued to age, many older workers were facing obstacles in obtaining and retaining employment due to biased perceptions about their productivity and potential for growth. By enacting the ADEA, the federal government aimed to promote economic security, equality, and fairness for older workers, contributing to a diverse and inclusive workforce that values employees of all ages.

The ADEA applies to various entities, encompassing private employers with 20 or more staff members, state and local governments, employment agencies, labor organizations, and even the federal government. It prohibits a range of discriminatory actions based on age, spanning hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and training. It also forbids the harassment of older employees due to their age. The Act further prevents retaliation against those who oppose age-based discriminatory practices or participate in related investigations or legal proceedings.

Unique to the ADEA are provisions allowing employers to give preferential treatment to older workers based on their age, even if this negatively impacts younger employees aged 40 or older. The ADEA also addresses several specific aspects of protection, such as prohibiting the inclusion of age preferences in job notices unless age is a legitimate job requirement. It similarly bars age-based discrimination within apprenticeship programs, with exceptions outlined under the ADEA or granted by the Equal Employment Opportunity Commission (EEOC).

The Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, prevents employers from withholding benefits from older workers. Employers may adjust certain benefits based on age, but the costs for older workers should be equivalent to those for younger counterparts.

The ADEA permits waivers of claims or rights in certain circumstances. These conditions include ensuring the waiver is written, clear, references ADEA rights, does not waive future rights, is exchanged for valuable consideration, advises consulting an attorney, and grants adequate time for consideration. Group waivers and agreements related to exit incentives entail more extensive criteria for validity. 

Cantrell, Astbury, Kranz, P.A., a prominent law firm in Miami, Florida, plays a crucial role in ensuring that employment discrimination laws are upheld. The firm’s expertise in employment law equips it to assist both employees and employers in navigating the complexities of the ADEA. For employers, the firm can provide guidance on crafting policies and practices that align with ADEA requirements, helping to prevent unintentional age discrimination. For employees, Cantrell, Astbury, Kranz, P.A. can offer legal representation to combat instances of age-based discrimination, including filing complaints with relevant agencies or pursuing litigation. Feel free to contact us at (305) 684-8004 or via email at coordinator@caklegal.com for more information. 

I have a disability, am I protected from discrimination by my employer? 

Yes. Title I of the Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against qualified individuals with disabilities in various aspects of employment. The law applies to private employers, state and local governments, employment agencies, and labor unions, and covers entities with 15 or more employees. It also extends to federal sector employees under the Rehabilitation Act’s section 501. The act applies to individuals with a disability with impairments substantially limiting major life activities, those with a record of such impairments, and those perceived as having such impairments.

Qualified employees or applicants with disabilities are those who can perform a job’s essential functions, with or without reasonable accommodations. Reasonable accommodations aim to provide equal employment opportunities and can include making facilities accessible, job restructuring, equipment modification, or provision of interpreters. Employers must provide such accommodations unless they cause undue hardship, defined by significant difficulty or expense in relation to the employer’s size and resources.

The ADA specifies that employers are not obligated to lower quality or production standards as part of an accommodation, nor must they provide personal use items like glasses or hearing aids. Employers generally only need to provide accommodations when an individual with a disability requests one. Discussions between the employer and the individual should determine the appropriate accommodation, considering factors such as cost and feasibility. In cases of multiple viable accommodations, the employer may choose the less costly or easier option.

Title I of the ADA also covers medical examinations and inquiries during the hiring process. Employers cannot ask about the nature or severity of a disability but can inquire about an applicant’s ability to perform specific job functions. Medical examinations for employees must be job-related and confidential. The ADA also prohibits retaliation against those opposing discriminatory practices or participating in ADA-related investigations or proceedings.

Additionally, the ADA encourages the employment of people with disabilities through federal tax incentives. These incentives aim to promote business accessibility and include the Disabled Access Credit for small businesses, the Work Opportunity Tax Credit for hiring targeted low-income groups, and the Architectural/Transportation Tax Deduction for barrier removal.

Overall, Title I of the ADA aims to ensure that individuals with disabilities have equal opportunities in the workplace, preventing discrimination and providing mechanisms for reasonable accommodations while considering the practical limitations faced by employers.

Cantrell, Astbury, Kranz, P.A. offers legal representation to combat instances of disability discrimination, including filing complaints with relevant agencies or pursuing litigation. Feel free to contact us at (305) 684-8004 or via email at coordinator@caklegal.com for more information.

How does the Pregnancy Discrimination Act work? 

The Pregnancy Discrimination Act (PDA) is an amendment to the Civil Rights Act of 1964 that ensures protection against discrimination based on pregnancy, childbirth, or related medical conditions. This amendment prohibits employers from treating pregnant women unfavorably in terms of hiring, job assignments, pay, promotions, layoffs, training, fringe benefits, firing, or any other aspect of employment. If a pregnant woman can perform her job’s essential functions, employers cannot refuse to hire her or subject her to discriminatory treatment due to pregnancy or related conditions.

The PDA also addresses issues concerning pregnancy and maternity leave. Employers cannot impose different medical clearance procedures for pregnancy-related conditions compared to other temporary disabilities. Pregnant employees must be allowed to work as long as they can perform their job responsibilities, and employers cannot enforce predetermined leave durations after childbirth. Under the Family and Medical Leave Act (FMLA), eligible employees, including new parents, can take up to 12 weeks of unpaid leave for child care purposes. Employers must hold positions open for pregnancy-related absences as they do for other medical leaves.

If a pregnant employee becomes temporarily unable to perform her job, the PDA mandates equal treatment as with any other temporarily disabled employee. Reasonable accommodations may need to be provided under the Americans with Disabilities Act (ADA) for pregnancy-related impairments, as long as it doesn’t cause undue hardship. The PDA also ensures that health insurance provided by employers must cover pregnancy-related expenses similarly to other medical conditions, though it does not require coverage for abortion expenses except in cases of endangerment to the mother’s life or medical complications.

The act also ensures equal access to benefits during medical leave for pregnancy-related conditions and requires that employees with such disabilities be treated similarly to other temporarily disabled employees in terms of seniority, vacation calculations, pay increases, and temporary disability benefits. Overall, the Pregnancy Discrimination Act aims to prevent discrimination against pregnant women and ensure fair treatment and equal access to employment-related benefits and protections.

Enlisting the services of Cantrell, Astbury, Kranz, P.A., a firm well-versed in employment law, ensures you receive expert guidance and representation throughout the legal process. Our experienced attorneys will work diligently to protect your rights, seek fair compensation for damages, and hold employers accountable for their discriminatory actions. Contact us at (305) 684-8004 or coordinator@caklegal.com to setup a free consultation.

How long do I have to file a charge of discrimination with the EEOC? 

Anti-discrimination laws in the United States impose specific time limits for filing charges of discrimination. These time limits vary based on the type of discrimination and whether state or local agencies are involved. Generally, charges need to be filed within 180 calendar days from the date the discrimination occurred. However, this period can be extended to 300 days if a state or local agency enforces employment discrimination laws on the same basis. However, for age discrimination charges, the deadline extension to 300 days only applies if a state law and state agency address age discrimination, not just a local law. 

Notably, Federal employees and job applicants have a distinct complaint process, necessitating contact with an agency EEO Counselor within 45 days. Certain circumstances can allow for an extension of this time limit.

The recommendation is to file a charge as soon as you decide to do so. While pursuing other dispute resolution methods like internal grievance procedures, union grievances, arbitration, or mediation, the time limit for filing with the Equal Employment Opportunity Commission (EEOC) usually won’t be extended. These other avenues can be pursued concurrently with EEOC processing.

The calculation of time includes weekends and holidays, with a provision that if the deadline lands on such days, an extension to the next business day is granted. For those unsure of the remaining time, contact Cantrell, Astbury, Kranz, P.A. to help you assess the situation.

In cases involving multiple instances of discrimination, the time limit typically applies to each event separately. For instance, if demotion and subsequent firing are both claimed as discriminatory, separate time frames apply to each event. Ongoing harassment allegations have a filing window of 180 or 300 days from the last incident, even if earlier incidents occurred more than 180/300 days before.

Regarding the Equal Pay Act (EPA), which targets sex discrimination in wages and benefits, the deadline for filing a charge with EEOC is not applicable. Individuals can directly file a lawsuit in court within two years of receiving the last discriminatory paycheck. In cases of willful discrimination, this period extends to three years.

It’s essential to note that Title VII also addresses sex-based wage and benefit discrimination. While EPA claims don’t require an EEOC charge, Title VII claims do. Filing a Title VII charge does not extend the EPA lawsuit deadline. The complexity of determining filing time and the advantages of choosing between an EPA charge and a lawsuit can be challenging. Cantrell, Astbury, Kranz, P.A. can provide guidance and help you explore options.

These regulations ensure that individuals have a specific timeframe within which to bring discrimination claims, encouraging timely actions to protect their rights. The specifics of these time limits depend on the type of discrimination, involvement of state or local agencies, and the nature of the alleged violations. The clock is running, do not hesitate. Contact the adept discrimination attorneys of Cantrell, Astbury, Kranz, P.A. at (305) 684-8004 or coordinator@caklegal.com for assistance in evaluating the timeliness of your discrimination claim.