If you are the victim of employment discrimination in the state of Florida there are certain actions you can take to receive compensation. In Florida it is illegal to discriminate on employment based on anyone’s race, skin color, sex, religion, age, or disability. The discrimination can happen during the hiring process, promotion, or with discharging someone from their position.
Whichever stage of employment the discrimination happens at you should know that it is illegal and you can do something about it. Filing an employee discrimination claim may not only give you compensation, but potentially prevent the company from acting on similar discrimination practices in the future with another individual.
Employment discrimination can cause mental anguish, pain, and even financial burdens. Financial burdens may come in the form of loss of income or expenses from searching for another job. The Florida legal system puts these damages into consideration when you file an employee discrimination claim.
What to Do When Facing Employment Discrimination
The first thing you should do if you have faced discrimination at your place of employment is to follow the procedures set in place by the employer for reporting such discrimination. This assumes that your employer has a procedure established and that you are currently an employee. For example, you might find these procedures outlined in your employee handbook. Following the procedures set in place by the employer for reporting the discrimination shows that you have provided the employer a chance to take remedial action and conduct an investigation. Even if you fear that your employer will retaliate it’s important that there is a record of you reporting the discriminatory incident.
Should the employer take action and begin an investigation you should cooperate. This may mean being interviewed or providing details of the incident. Should you not cooperate and you take the case to court, then the employer can claim that they tried to remedy the situation but you refused to cooperate.
Filing an Employee Discrimination Claim
If you decide to pursue legal action against the employer then you can file your claim with either the Equal Employment Opportunity Commission (EEOC) or the Florida Commission of Human Relations (FCHR). Consulting with an experienced attorney on the matter will help you decide where and how to file the claim. Our employment discrimination attorneys will analyze your case and determine whether you have a valid claim of employee discrimination before you begin the filing process.
The FCHR, or state agency, and the EEOC, federal agency, have a work-sharing agreement. This means that the agencies will cooperate when processing claims. You do not have to file a claim with both agencies if you indicate to one agency that you would like them to cross-file the claim. Your attorney will advise you on which agency you should file your claim with or possibly advise you to file with both. Each case is different and you should be open and honest with your attorney during the filing process to ensure the best possible outcome. Your employment discrimination attorney will also help you determine which type of employment discrimination you have faced and represent your case accordingly.
