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Establishing the Elements for Employment Discrimination Action Under the FCRA

Pursuant to the Florida Civil Rights Act (FCRA) a private right of action for violation of any Florida discrimination statute is actionable. A plaintiff seeking damages for employment discrimination should consult with a qualified and experienced West Palm Beach employment discrimination lawyer, whom will work hard to prove the plaintiff's employment discrimination action. To establish a prima facie case of employment discrimination under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act, a plaintiff must prove the following:

  • The plaintiff belongs to a protected group;

    The plaintiff has been subject to unwelcome harassment;

    The harassment must have been based on a protected characteristic of the employee;

    The harassment was sufficiently severe or pervasive to alter terms and conditions of the employment and create a discriminatorily abusive work environment; and

    The employer is responsible for the abusive environment under either theory of vicarious or direct liability.

    A claim of discrimination under the FCRA may be proved through direct evidence, circumstantial evidence, or statistical proof.

    Under the Florida Civil Rights Act, Rehabilitation Act, and the ADA, it is unlawful for an employer to:

    Discharge or fail or refuse to hire or discriminate against an individual because of race, color, religion, sex, national origin, age, handicap, or marital status; and

    To limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee, because of such individual's race, color religion, sex national origin, age, handicap, or marital status.

    A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.


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