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Employment Discrimination

General Injury Law : Employment Discrimination

The Florida Constitution declares that all natural persons female and male alike are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess, and protect property.  Therefore, no person shall be deprived of any right because of race, religion, national origin, or physical disability.  Accordingly, Florida's Constitutional provision stating that no person shall be deprived of any right because of race, religion, or handicap requires that the issue in question involve a state action, rather than a private act, for relief to be granted under the provision.  However, Florida statutes also provide for civil rights, such as rights that guarantee a disabled person the right to be free from discrimination because of the disability.  The Florida legislature has enacted the Florida Civil Rights Act, which should be construed in conformity with the Federal Rehabilitation Act, the Americans with Disabilities Act (ADA), and other related regulations. 

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 plaintiff seeking damages for unlawful 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 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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 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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