Both Florida and the federal government have passed laws that prohibiting discrimination on the basis of particular protected characteristics. Under state and Federal law, both private and public employers in Flagler Beach may be found liable for discrimination, depending on what type of trait originally prompted the discrimination.
How Does Employment Discrimination Occur?
Employment discrimination can occur if the employer treats an employee unfairly based on their membership in a class that is legally protected. Some traits which employers are not allowed to evaluate employees with are: race, age, national origin, religion, familial status, and gender. In order for a claim of employment discrimination to be proven, a Flagler Beach, Florida plaintiff must show that his (or her) employer actively intended to treat him differently because of his protected status.
How can Employment Discrimination be Proven in Florida?
This is demonstrated upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would hold to be biased. Additionally, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. A Flagler Beach, Florida lawyer can help you file in a timely manner, and while your case is pending, they can assist you in pursuing any available remedies.