South Florida Workplace Discrimination Claims

Recognizing Workplace Discrimination

Discrimination is treating someone differently (negatively) because they are different from you. The U.S. Equal Employment Opportunity Commission defines discrimination as “to treat a person differently, or less favorably, for some reason.” This unfair treatment can show up in the workplace in all sorts of ways:

• Denial of compensation or benefits
• Denial of disability leave, maternity leave, or retirement options
• Termination
• Harassment
• Loss of shifts or being assigned a less desirable shift
• Denying the use of company facilities
• Favoritism when issuing promotions
• Excluding specific candidates from the hiring process
• Retaliation for objecting to discrimination or filing a claim

If you believe you have received such treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, or age, this violates the law. Roller Rubinstein Employment Law Attorneys in North Miami Beach can help you understand your rights and options. Contact us immediately for a FREE, confidential evaluation.

Proving Florida Workplace Discrimination

One of our Employment Law Attorneys at Roller Rubinstein will review your case during an evaluation and help you determine if you have been a victim of discrimination. Proving discrimination is often tricky because much of the evidence is circumstantial or can be considered hearsay. Your attorney will work with you to collect evidence that can be used to prove your allegations.

The burden of proof will initially be on you to demonstrate that you have been victimized by discrimination. The evidence we gather will attempt to show the following:

1. That your status is classified as protected under a specific state or federal employment law.
2. That you are qualified for the position you hold or applied for.
3. That you suffered adverse treatment from your employer or another employee.
4. Another worker with fewer qualifications was chosen over you for benefits, promotion, etc.

For example, you are a worker over 50 with 20 years of experience with your company and stellar employment reviews from your supervisor. A younger, less qualified worker was chosen for a supervisory position that you applied for. Could this decision violate The Age Discrimination in Employment Act?

After filing an employment discrimination claim, your employer must show legitimate reasons for the seemingly adverse employment action. They may or may not have hard evidence to support their choice. If they can present concrete evidence that the decision was not discriminatory, we may still be able to show that their reason for the action was just a pretext for discrimination or was at least partially supported by a discriminatory motive.

Roller Rubinstein will try to support your case with direct evidence and similar behavior patterns. Our team will work to uncover statements, emails, internal company memorandums, and other hard evidence that can prove discriminatory actions. In the example above, a documented conversation where concerns about your “advanced age” or “imminent retirement” would be considered evidence of discriminatory action.

Should I File a Florida Workplace Discrimination Claim?

Many clients in South Florida want to know if filing a workplace discrimination claim is worth the effort and trouble. Some are worried about retaliation. This is a valid question; filing a claim against your employer is a big step. Every employee with discrimination concerns must decide if the benefits outweigh the effort. Should you file a Florida workplace discrimination claim against your employer?

• You may be able to secure a legal remedy for your discriminatory treatment.
• You may be able to recover financial compensation from your employer for discriminatory actions you suffered.
• You may be able to restore your reputation if your employer tarnishes it and degrades your chances of obtaining another job or a better career opportunity.
• You may be able to make your workplace safer and better for other employees.
• You could help send a message that employment discrimination is not tolerated in your local area.

A Roller Rubinstein Workplace Discrimination Lawyer can review your case and help you determine the potential value of your claim. We may be able to help you recover compensation for economic, non-economic, and punitive damages. You may also be compensated for attorney fees and court costs.