When a Florida worker believes they have been discriminated against, it is important to have a firm understanding of the law of discrimination. For example, just because a person was not granted a promotion, was terminated or did not get hired for a job in the first place does not automatically mean they were illegally discriminated against.
On the other hand, there might have been some form of discrimination taking place. In these cases, the layers need to be peeled back to gauge the accusations, look at the evidence and decide on the path forward. This is true from the perspective of the employer or the employee.
Employers and employees should be aware
Florida has its own version of the Civil Rights Law. The Florida Civil Rights Act of 1992 is designed to ensure that everyone is treated fairly. That includes the workplace. When a person is seeking employment or is already employed, they cannot be discriminated against for the reasons listed above. An example would be if a person is beyond a certain age but they are able to do the job they were hired for. They cannot be deprived of advancement, terminated or face other adverse actions because of their age. The same is true for race, national origin, sexual orientation and other factors.
Despite that, the employer does retain certain rights to operate as they see fit in terms of running the business. There are times when the qualifications for a job will eliminate certain people. This would not be construed as discriminatory. A pregnant woman would not be expected to fulfill the duties of a manual laborer. Not hiring her for a job or not granting her a promotion in this situation would not be discriminatory. The job itself will be a crucial factor in whether the person who sought the job or was terminated from it has a case for discrimination.
If there is a seniority system in place, then this too could blunt any allegations of discrimination. A worker who has been on the job longer, warrants advancement based on that and is promoted does not mean the person who did not get promoted was discriminated against. It is simply the system the employer has in place to reward workers with greater seniority. The same is true for age, marital status and other individual circumstances.
Facts and evidence
Both the employer and employee should understand what constitutes discrimination under state law. There are times when a person believes they were subjected to discrimination when the terms of employment were clear and the employer was not behaving in an illegal manner when the decision was made. There are other instances when the employer was discriminated against.
It is important to be cognizant of the law and to understand what employers and employees can and cannot do when there are allegations of discrimination. Having all the information and a full, evenhanded assessment of the case can be helpful in deciding what steps to take.