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Broward County Employment Law Blog

Gender discrimination is still common in the workplace

Maybe you have that one manager that all the other female employees warned you about, the one who makes off-color remarks or touches you when you're not comfortable with it. Perhaps you've learned that your male co-workers are receiving higher wages than you are for the same job. Maybe you've been denied advancement in favor of a less qualified male co-worker.

These and many other forms of gender discrimination are far too common in workplaces across Florida. You may feel like there's nothing you can do to push back against this mistreatment, but you're wrong.

8 steps to fight gender harassment

Sexual harassment, a common form of gender discrimination, has been a hot topic in the news during the last year, with some very high profile cases. Studies have shown that up to 38 percent of women in the workforce have experienced sexual harassment from a male employer. Of those, over 70 percent did not report the incidents. This is mostly because the process of reporting sexual harassment can be intimidating and sometimes humiliating for the victim.

If you have experienced sexual harassment in the workplace, either from an employer or a colleague, it is important to remember that you have the right to a safe and harassment-free work environment. An employment attorney in the Fort Lauderdale area can help you take the first steps in fighting back against sexual harassment and other forms of gender discrimination. Take the following eight steps if you think you are experiencing harassment at work.

How to get the back pay you're owed

Imagine working in for many years in a job you love for a boss that you respect. While things were great in the beginning, you started noticing that things were not quite what they seemed. After looking closely at the situation, you realize that your employer has not been paying you the wages he promised in your employment contact. When taken as just a few paychecks, the difference in negligible, but after several years of this, the amount is significant.

Unfortunately, wage violations are not totally uncommon. However, there are remedies in place to help you get the back pay your employer owes you. An experienced south Florida employment attorney can help you through the entire process so that you can get the money you earned. Read further to find out more about the process of recovering your back pay.

3 facts for teens about getting paid to work in Florida

It's an exciting time when you get your first job, but there are some things you need to know. While you might want to take whatever wages you're offered, there are actually laws that determine how much you must be paid and when. These laws make sure you aren't taken advantage of, especially since you're under the age of 18.

Five ways to document age discrimination in the workplace

Many workers over 40 feel they are the victims of age discrimination in the workplace. They may feel targeted for termination.

Employment discrimination based on a person's age is illegal under Florida and federal law if the worker is over age 40. However, proving age discrimination isn't always easy. Here are five ways to document age discrimination:

What is age discrimination?

Discrimination based on a person's age is a humiliating experience. When it happens on the job, it is also illegal under Florida and federal law.

The federal Age Discrimination in Employment Act makes it illegal for employers to discriminate against or harass employees who are age 40 or older. The ADEA applies to employers with 20 or more employees. Florida's Civil Rights Act offers similar protection, but applies to more employers: those with 15 or more employees.

Stroke victim alleges age and disability workplace discrimination

Workers in Florida and elsewhere become more vulnerable as they age. It is not uncommon for companies to get rid of older employees, only to replace them with younger, less-experienced personnel. The cost of younger staff is lower and may benefit the company, but they lack the experience of older workers. Workplace discrimination that is based on age, disability, race, religion and gender is prohibited under federal and state law.

A 60-year-old employee of the Department of Revenue in another state recently filed a lawsuit alleging age and disability discrimination. After 30 years of employment by the Internal Revenue Service, the man was appointed as a special agent for the Criminal Tax Investigation Bureau in his state in March last year. According to the complaint, he suffered a stroke while he was at work in June 2015. This caused numbness and limited use of one of his hands along with damage to his vision.

Discriminatory job postings can be violations of employee rights

Company owners in Florida and their HR managers must ensure that compliance with employment law is practiced in all aspects. Violations of employee rights can lead to lawsuits that can be costly. One of the areas that may need special attention is the advertising of vacancies. Workers who feel a job posting is discriminatory retain the right to pursue legal action.

Specifying only the required skills may avoid signs of discrimination in advertisements. A job posting that seeks energetic workers may be seen as a vacancy for young applicants even though age is not mentioned. It may raise a red flag of employment discrimination. When an employment applicant is treated differently than others who are in similar situations, and the different treatment is based on age, national origin, race, color, gender, religion, disability or familial status, it may constitute a violation of the disparate impact rule of the Equal Employment Opportunity Commission.

School administrator files employment discrimination lawsuit

Florida employees have the right to receive reasonable accommodations when they get older and start developing associated medical conditions. Unfortunately, this is often not the case, and instead, workers are sometimes mocked and pressured to retire. A high school in another state is currently facing an employment discrimination lawsuit that was filed by a man who had an administrative position before he developed a medical disability.

Court documents indicate that the plaintiff -- a 60-year-old man with a record of teaching and administrative excellence -- was employed as the operations director at the high school. The plaintiff contends that he started to suffer medical problems that were later diagnosed as the onset of Parkinson's disease. The complaint alleges the executive director of the school ridiculed the man's medical disabilities to in public. Furthermore, as part of an attempt to get the plaintiff to retire, the defendant ordered his demotion to the dean of students.

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