Frequently Asked Questions
Answers Provided by Fort Lauderdale Employment Law Attorneys
Have you faced workplace discrimination of any kind? If so, you are among thousands of others who have lodged complaints of this nature every year with the Equal Employment Opportunity Commission (EEOC). In 2019, the EEOC released statistics showing that over 39,000 retaliation claims, close to 24,000 race discrimination claims, over 24,000 disability claims, and more than 23,000 sex discrimination claims were filed. The EEOC can recover millions in financial awards for claimants every year, often through negotiated settlements and mediation as well as litigation.
This means that if you believe you have suffered any type of workplace discrimination, you should speak with one of our Fort Lauderdale discrimination lawyers at The Amlong Firm about your case. Our legal team provides outstanding support for clients throughout South Florida. We have extensive experience both inside and outside the courtroom. Our experience along with our dedication and service level have resulted in numerous awards and accolades.
Facing workplace discrimination? Call The Amlong Firm at (954) 953-5490 for legal assistance today.
Commonly Asked Questions about Discrimination in the Workplace
Is it illegal discrimination for a supervisor to tell me that I cannot express my religious beliefs?
It may be, depending on certain circumstances. Title VII of the Civil Rights Act prohibits religious discrimination or harassment in the workplace. The Act also protects individuals from retaliation if they file or support complaints of such religious discrimination or harassment. Under the law, employers with 15 or more employees are required to accommodate your religious beliefs unless by doing so it creates an undue hardship. Undue hardship generally involves significant expense or difficulty for the employer.
Are there certain questions that are off limits for a potential employer to ask me in an interview?
Yes, certain questions are prohibited. For example, your prospective employer is prohibited from asking you about medical conditions until after you have received a job offer. This can include questions about the number of sick days you took at your last job, whether or not you have ever applied for workers’ compensation, or whether or not you plan to become pregnant in the near future. Other questions that are prohibited can include those about your race, national origin, or religion.
I want to ask a co-worker for a date. Is that sexual harassment?
Employers may or may not put into place company policies forbidding romantic relationships or dating between co-workers. No laws demand or forbid such policies. If your employer does not have such a policy, you can ask him or her for a date without worry. However, if your prospective date tells you that he or she is not interested, it is best not to ask again. If you make repeated requests for a date, it could eventually be seen as sexual harassment whereas one request is not.
What evidence is needed to show that I was subjected to discrimination at work?
In order to have a valid claim of workplace discrimination, you must show that your employer treated you differently than others based on a protected class, such as race, national origin, religious beliefs, sex, and others. You will have to provide some type of documentation that such discrimination occurred. This can include texts, emails, written communications, and testimony from co-workers who can corroborate your claims. Contacting one of our Fort Lauderdale discrimination attorneys is highly advised. We can listen to your story and advise you on the merits of your case and potential legal options.
How do you make a discrimination claim?
You make a discrimination claim with the EEOC (Equal Employment Opportunity Commission.) You start by filing a Charge of Discrimination which is a statement signed by you that declares that your employer or prospective employer engaged in some type of discrimination, such as that based on race, national origin, religion, sex, age, disability, etc. These are known as “protected” classes. Your statement will request that the EEOC take action to remedy the situation. The Charge of Discrimination can be filed on the EEOC’s website. Once it is filed, you can then file a job discrimination lawsuit against your employer.
Our Fort Lauderdale employment lawyers can provide the assistance you need in determining if you have a valid claim and help you to move forward with the appropriate legal steps.
Are there time limits for filing a discrimination claim?
Yes, you have 180 calendar days to file a Charge of Discrimination. If your state or local government has similar discrimination laws, this can be extended to 300 days.
What remedies are available through the EEOC for employment discrimination?
The type of relief you will receive after making a successfully-resolved claim will depend on the specific circumstances of your case, such as what type of discrimination was involved and how it affected your life. Where intentional discrimination has taken place, you may be awarded compensatory damages and punitive damages.
Compensatory damages are designed to reimburse you for any out-of-pocket expenses and for any emotional harm you endured due to the discrimination, such as mental anguish, loss of enjoyment of life, and more. Where an employer has engaged in an aggravated act of discrimination, punitive damages may be awarded in an effort to punish that employer. However, limits do exist on how much compensation or punitive damages may be recovered. These limits are based on how many employees the employer maintains. You may also be awarded the recovery of attorney’s fees, court costs, and expert witness fees.